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Legal Terms – Easement
A legal right held by the owner of one parcel of land (the dominant tenement) to derive a benefit from another parcel of land (the servient tenement). An easement benefits and encumbers the land itself, thereby persisting regardless of changes in ownership of either the dominant or servient tenement, however it will be terminated if the two tenements come under joint ownership (see quasi-easement). It may be obtained through legislation (such as local Acts of Parliament), explicitly conferred (for instance, by a deed granting a right of way), originate as an inferred easement (such as an easement of support from a neighboring structure), or be acquired by prescription. (Refer to profit à prendre.) An easement may be either a legal or an equitable stake in land. Legal easements are exclusively those established by statute, deed, or prescription, and held under conditions analogous to a *fee simple absolute in possession or *term of years absolute. Such easements are enforceable against all parties acquiring the unregistered servient tenement or any interest therein. Legally established easements must be recorded against the title of the servient tenement; otherwise, they will not be enforceable against subsequent purchasers of that tenement. All other easements are equitable and typically require registration to be enforceable against a purchaser. According to section 62 of the Law of Property Act 1925, when land is conveyed, the associated easements automatically transfer with it, without the need for explicit language in the conveyance.
A legal right held by the owner of one parcel of land (the dominant tenement) to derive a benefit from another parcel of land (the servient tenement). An easement benefits and encumbers the land itself, thereby persisting regardless of changes in ownership of either the dominant or servient tenement, however it will be terminated if the two tenements come under joint ownership (see quasi-easement). It may be obtained through legislation (such as local Acts of Parliament), explicitly conferred (for instance, by a deed granting a right of way), originate as an inferred easement (such as an easement of support from a neighboring structure), or be acquired by prescription. (Refer to profit à prendre.) An easement may be either a legal or an equitable stake in land. Legal easements are exclusively those established by statute, deed, or prescription, and held under conditions analogous to a *fee simple absolute in possession or *term of years absolute. Such easements are enforceable against all parties acquiring the unregistered servient tenement or any interest therein. Legally established easements must be recorded against the title of the servient tenement; otherwise, they will not be enforceable against subsequent purchasers of that tenement. All other easements are equitable and typically require registration to be enforceable against a purchaser. According to section 62 of the Law of Property Act 1925, when land is conveyed, the associated easements automatically transfer with it, without the need for explicit language in the conveyance.
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