Easements in freehold property

An easement is a right enjoyed by one property over another property.

Not every right that benefits a property will be an easement. Easements may be created by express grants, implied grants or by prescription depending on the circumstances of each case. Extinguishing an easement can be very difficult, especially if the easement was granted by implied or prescriptive methods.

Rights of light can be easements and should not be disregarded in a project if there is potential for these to be a problem.

This section is maintained by Peta Dollar, freelance lecturer, trainer and writer.