Justice Chambers

EASEMENT An easement is a legal right to use another's land for a specific limited purpose such as a right of way. It is a Common Law property right. Simply put, it is a legal right of passage over another's property. There are two “types” of easements; Positive Easement and Negative Easement.  Easement is a right attached to land which allows the owner of that land (dominant owner) to use the land of another person (servient owner) in a particular manner (positive easement) or restrict its user by that person to a particular extent (negative easement) An easement is a right to cross or otherwise use someone else's land for a specified purpose, for example, to: lay electricity or telephone cables, maintain water, drainage and gas supplies, walk or drive across the land to get access to other land. Easements also includes a right to park a given motor vehicle on the servient land, provided that it is exercised in a manner which is civil and is exercised only to s...