As Defined by Evershed MR in Re Ellenborough Park [1956] Ch 131, an easement requires the existence of at least two parts. The party that obtains the benefit of servitude is the dominant estate (or the dominant rental house), while the party that grants the benefit or suffers the burden is the service estate (or the servant rental house). For example, an affirmative easement could allow landowner A to grow his cattle on B`s land. A has an affirmative servitude of B. The second type of common easement is a private service agreement between two private parties. This easement is quite standardizing because it gives a party the right to use a piece of property for personal needs. For example, a farmer needs access to a pond or additional farmland, and a private service agreement between him and his neighbor gives him access to those needs. . .

.

: Uncategorized

Comments are closed.