See also:

• EASEMENT (Fr. aise; O. Fr. aisement; Anglo-Lat. aisiamentum, a privilege or convenience)

EASEMENT (Fr. aise; O. Fr. aisement; Anglo-See also:

• LAT

Lat. aisiamentum, a See also:

• PRIVILEGE

privilege or convenience)  , in See also:

• ENGLISH

English See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, a See also:

• SPECIES

species of " See also:

• SERVITUDE (Lat. servitus, from service, to serve)

servitude " or limited right of use over See also:

• LAND

land belonging to another . It is distinguished from profits d prendre—another species of servitude which involves a right to participate in the profits of the See also:

• SOIL

soil of another—since an See also:

• EASEMENT (Fr. aise; O. Fr. aisement; Anglo-Lat. aisiamentum, a privilege or convenience)

easement confers merely a convenience (aisiamentum) to be exercised over the land of another (without any participation in the profits of it), i.e. a right to use the soil or produce of the soil in a way tending to the more convenient enjoyment of another piece of land . Thus a right of way is an easement, a right of See also:

• COMMON

common is a profit . An easement is distinguishable also from a See also:

• LICENCE (through the French from Lat. licentia, licere, to be lawful)

licence, which, unless it is coupled with a See also:

• GRANT (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust)
• GRANT, ANNE (1755-1838)
• GRANT, CHARLES (1746-1823)
• GRANT, GEORGE MONRO (1835–1902)
• GRANT, JAMES (1822–1887)
• GRANT, JAMES AUGUSTUS (1827–1892)
• GRANT, ROBERT (1814-1892)
• GRANT, SIR ALEXANDER
• GRANT, SIR FRANCIS (1803-1878)
• GRANT, SIR JAMES HOPE (1808–1895)
• GRANT, SIR PATRICK (1804-1895)
• GRANT, U
• GRANT, ULYSSES SIMPSON (1822-1885)

grant, is See also:

• PERSONAL

personal to both grantor and grantee and is neither binding on the licensor, nor, in See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general, assignable by the licensee; while both the benefit and the See also:

• BURDEN, or BURTHEN

burden of an easement are annexed to land (See also:

• GALE
• GALE, THEOPHILUS (1628-1678)
• GALE, THOMAS (?1636-17o2)

Gale on Easements, 8th ed. p . 2) . With easements are sometimes classed certain closely allied " natural rights," such as a landowner's right to lateral support for his soil in its natural See also:

• STATE
• STATE, GREAT OFFICERS OF

state, and a riparian owner's right to the natural flow of a stream . The essential features of an easement, in the strict sense of the See also:

• TERM

term, are therefore these: (i.) It is an incorporeal right; a right to the use and enjoyment of land—not to the land itself; (ii.) it is imposed upon corporeal See also:

• PROPERTY

property; (iii.) it is a right without profit; (iv.) it requires for its constitution two distinct tenements—the " dominant See also:

• TENEMENT (Med. Lat. tenetnentum, from tenere, to hold)

tenement " which enjoys the right, and the " servient tenement " which submits to it . This last characteristic excludes from the See also:

• CATEGORY (Gr. Karrlyopia, " accusation ")

category of easements the so-called " easements in See also:

• GROSS

gross," such as a right of way conferred by.grant independently of the See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession of any tenement by the grantee . The true easement is an `.` appendant " or " appurtenant " right, not a " right in gross." Further classifications of easements must be noted . They are divided into (a) affirmative or See also:

• POSITIVE (or PORTABLE) ORGAN

positive, those which authorize the See also:

• COMMISSION (from Lat. commissio, committere)

commission of an See also:

• ACT (Lat. actus, actum)

act by the dominant owner, e.g. rights of way, a right to draw See also:

• WATER

water from a See also:

• SPRING (from " to spring," " to leap or jump up," " burst out," O. Eng., springau, a common Teut. word, cf. Ger. springer, possibly allied to Gr. QnrFpxecOac, to move rapidly)

spring, rights of See also:

• AQUEDUCT (Lat. aqua, water, and ducere, to lead; Gr. apaymryeiov, apayeeywov, vlrovopos)

aqueduct, and negative, when the easement restricts the rights of the servient owner over his own property, e.g. prevents him from See also:

• BUILDING

building on land so as to obstruct See also:

• ANCIENT
• ANCIENT (also spelt ANTIENT; derived, through the Fr. ancien, old, from the late Lat. antianum, from ante, before)

ancient See also:

• LIGHTS, CEREMONIAL USE OF

lights (cf. also the right to the support of neighbouring soil); (b) continuous, of which the enjoyment may be continual without the interference of See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man, e.g. See also:

• ACCESS (Lat. accessus)

access to See also:

• LIGHT

light, and discontinuous, where there must be a fresh act on each occasion of the exercise of the right, e.g. a right of way, or right to draw water; (c) apparent, where there are visible See also:

• EXTERNAL

external signs of the exercise of the right, e.g. a right to See also:

• DAM

dam up a watercourse, and non-apparent, where such signs are absent, e.g. a right to lateral support from land, a See also:

• PROHIBITION (Lat. prohibere, to prevent)

prohibition to build above a certain height . Acquisition of Easements.—Easements may be acquired (a) by See also:

• EXPRESS (through the French from the past participle of the Lat. exprimere, to press out, by transference used of representing objects in painting or sculpture, or of thoughts, &c. in words)

express grant, either by See also:

• STATUTE

statute, or by See also:

• DEED (in O. Eng. dead, from the stem of the verb " to do ")

deed inter vivos, or by will; (b) by an implied grant; (c) by express or implied See also:

• RESERVATION (Lat. reservare, to keep back)

reservation, e.g. by the owner of land in selling the See also:

• FEE

fee (as to implied reservation, see Gale on Easements, 8th. ed. pp . 137 et seq.); (d) by See also:

• PRESCRIPTION

prescription, either at common law or under the Prescription Act 1832 .

An express grant, or express reservation, of an easement cannot be effected except by deed . An easement arises by implied grant where a man makes one See also:

• PART

part of his tenement dependent on another, or makes the parts mutually interdependent, and grants any such part with the dependence attaching to it to another See also:

• PERSON, OFFENCES AGAINST THE

person (Innes, Law of Easements, 7th ed. p. ro) . For example, a man builds two houses, each of which by the See also:

• PLAN
• PLAN (from Lat. planes, flat)

plan of construction receives support from the other; this mutual right of support is a quasi-easement, of which on severance of the tenements the grantee of one will have the benefit; where the enjoyment of the severed tenement could not be had at all without such a right, it is said to be an " easement of See also:

• NECESSITY (Lat. necessitas)

necessity." Easements are acquired by prescription at common law by See also:

• PROOF (in M. Eng. preove, proeve, preve, &°c., from O. Fr . prueve, proeve, &c., mod. preuve, Late. Lat. proba, probate, to prove, to test the goodness of anything, probus, good)

proof of " immemorial user " by the dominant owner and those through whom he claims . At one See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time it was thought that such proof must date back to the first See also:

• YEAR

year (1189) of See also:

• RICHARD
• RICHARD (d. 1184)
• RICHARD, FRANCOIS MARIE BENJAMIN (18,9-1908)
• RICHARD, HENRY (1812-1888)
• RICHARD, ST

Richard I . (see See also:

• PREAMBLE (Med. Lat. praeambulum, from praeambulare, to walk before)

preamble to Prescription Act 1832) . The ground, however, on which prescription was admitted as a means of acquiring easements was the fiction of a " lost grant." See also:

• LONG, GEORGE (1800-1879)
• LONG, JOHN DAVIS (1838– )

Long enjoyment of the right pointed to its having had a legal origin in a grant from the servient owner, and so any See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period of reasonably long use came to be accepted . A " lost grant " may be presumed to have been made (the question is one of fact) if 20 years' uninterrupted enjoyment is shown . To avoid the difficulties of proof of prescriptive right at common law, the Prescription Act 1832 established shorter periods of user . In the See also:

• CASE
• CASE, JOHN (d. 1600)

case of easements, other than light, the periods of prescription are 20 years for a claim that may be defeated, and 40 years for an indefeasible claim (s . 2) . The right of access of light is dealt with under s . 3 (see ANCIENT LIGHTS) .

The enjoyment to become prescriptive must be open, i.e. of such a See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

character that the owner of the tenement said to be servient has a reasonable opportunity of becoming aware of the adverse claim (See also:

• UNION
• UNION (known locally as Union Hill and officially as Town of Union)

Union Lighterage Co. v . See also:

• LONDON

London Graving See also:

• DOCK

Dock Co., 1902, 2 Ch . 557); and it must be enjoyed as of right (See also:

• GARDNER
• GARDNER, PERCY (1846– )

Gardner v . See also:

• HODGSON, BRIAN HOUGHTON (1800-1894)

Hodgson's See also:

• KINGSTON
• KINGSTON, ELIZABETH, DUCHESS OF (1720-1788)
• KINGSTON, WILLIAM HENRY GILES (1814-188o)

Kingston Brewery Co., 1903, A.C . 229) as against the owner of the tenement affected (Kilgour v . Gaddes, 1904, I K.B . 457) . The periods of prescription are to be reckoned backwards from the time when some suit or See also:

• MATTER

matter involving the claim of the dominant owner has arisen (s . 4) . Nothing is to be deemed an interruption unless the act of interruption has been submitted to, or acquiesced in, for a year (s . 4) . Easements may be extinguished (i.) by express See also:

• RELEASE (O.Fr. reles, variant of relais, from relaisser, to release, let go, Lat. relaxare)

release—here an See also:

• INSTRUMENT (Lat. instrumentum, from insincere, to build up, furnish, arrange, prepare)

instrument under See also:

• SEAL
• SEAL, FUR
• SEAL, HAIR

seal is necessary; (ii.) by " See also:

• MERGER (Fr. merger, to sink)

merger," i.e. where both tenements become the property of the same owner; (iii.) by See also:

• ABANDONMENT (Fr. abandonnement, from abandonner, to abandon, relinquish; abandonner was originally equivalent to mettred banddn, to leave to the jurisdiction, i.e. of another, bandon being from Low Latin bandum, bannum, order, decree, " ban ")

abandonment through non-user .

In the case of discontinuous easements, the shortest period of non-user may suffice if there is See also:

• DIRECT

direct See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

evidence of an intention to abandon . A word may be added here as to the right to See also:

• AIR (from an Indo-European root meaning " breathe," " blow ")
• AIR, or ASBEN

air . It is an actionable See also:

• NUISANCE (through Fr. noisance, nuisance, from Lat. nocere, to hurt)

nuisance to cause pollution of the air entering a dwelling-See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

house . The owner of a dwelling-house may by prescription acquire a right to the passage of air through it by a defined channel; and the enjoyment without interruption of See also:

• VENTILATION (Lat. ventilare, from ventus, wind)

ventilation by means of air flowing in a definite channel, with the knowledge of the owner and occupier of the adjoining premises, creates a presumption of the grant of such an easement (see Gale' on Easements, 8th ed. p . 338) . In Scots Law the term " easement " is unknown . Both the name " servitude " and the See also:

• MAIN (from the Aryan root which appears in " may " and " might," and Lat. magnus, great)
• MAIN (Lat. Moenus)

main species of servitudes existing in See also:

• ROMAN

Roman law (q.v.) have been adopted . The See also:

• CLASSIFICATION (Lat. classis, a class, probably from the root cal-, cla-, as in Gr. icaMce, clamor)

classification of servitudes into positive and negative, &c., and the modes of their creation and extinction, are similar to those of English law . The statutory period of prescription is 40 years (Scots Acts 1617, c . 12), or 20 years in the case of enjoyment under any ex facie valid irredeemable See also:

• TITLE (0. Fr. title, mod. titre, from Lat. titulus)

title duly recorded in the appropriate See also:

• REGISTER

register of sasines (See also:

• CONVEYANCING

Conveyancing [See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland] Act 1874) . There are certain servitudes See also:

• SPECIAL

special to Scots law, e.g . " thirlage," by which lands are " thirled " or See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound to a particular See also:

• MILL
• MILL (O. Eng. mylen, later myln, or miln, adapted from the late Lat. molina, cf. Fr. moulin, from Lat. mola, a mill, molere, to grind; from the same root, mol, is derived " meal;" the word appears in other Teutonic languages, cf. Du. molen, Ger. muhle)
• MILL, JAMES (1773-1836)
• MILL, JOHN (c. 1645–1707)
• MILL, JOHN STUART (1806-1873)

mill, and the possessors obliged to grind their See also:

• GRAIN (derived through the French from Lat. granum, seed, from an Aryan root meaning " to wear down," which also appears in the common Teutonic word " corn ")

grain there, for See also:

• PAYMENT (Fr. paiement, from payer, to pay; Lat. pacare, to appease, pax, peace)

payment of certain multures (quantities of grain or See also:

• MEAL

meal, payable to the mill-owner) and sequels (small quantities given to the mill servants) as the customary See also:

• PRICE
• PRICE, BARTHOLOMEW (1818–1898)
• PRICE, BONAMY (1807-1888)
• PRICE, RICHARD (1723-1791)

price of grinding .

Statutory See also:

• PROVISION (Lat. provisio)

provision has been made for the See also:

• COMMUTATION (from Lat. commutare, to change)

commutation of these duties (Thirlage Act 1799), and they have now almost disappeared . The See also:

• FRENCH
• FRENCH, DANIEL CHESTER (1850– )
• FRENCH, NICHOLAS (1604-1678)

French See also:

• CODE (Lat. codex)

Code See also:

• CIVIL

Civil (Arts . 637 et seq.) and the other See also:

• EUROPEAN

European codes (e.g . See also:

• BELGIUM
• BELGIUM (Fr. Belgique; Flem. Belgic)

Belgium, arts . 637 et seq.; See also:

• HOLLAND
• HOLLAND, CHARLES (1733–1769)
• HOLLAND, COUNTY AND PROVINCE OF
• HOLLAND, HENRY FOX, 1ST BARON (1705–1774)
• HOLLAND, HENRY RICH, 1ST EARL OF (1S9o-,649)
• HOLLAND, HENRY RICHARD VASSALL FOX, 3RD
• HOLLAND, JOSIAH GILBERT (1819-1881)
• HOLLAND, PHILEMON (1552-1637)
• HOLLAND, RICHARD, or RICHARD DE HOLANDE (fl. 1450)
• HOLLAND, SIR HENRY, BART

Holland, arts . 721 et seq.; See also:

• ITALY
• ITALY (Italia)

Italy, arts . 531 et seq.; See also:

• SPAIN
• SPAIN (Espana)

Spain, arts . 530 et seq.; See also:

• GERMANY
• GERMANY (Ger. Deutschland)

Germany, arts. roi8 et seq.) closely follow Roman law . French law is in force in See also:

• MAURITIUS

Mauritius, and has been followed in See also:

• QUEBEC

Quebec (Civil Code, arts . 499 et seq.) and St See also:

• LUCIA (or LucY), ST

Lucia (Civil Code, arts . 449 et seq.) . In See also:

• INDIA
• INDIA, FRENCH

India the law is regulated, on English lines, by the Easements Act 1882 (Act v. of 1882) .

The term " easements," however, in India includes profits a prendre . In the See also:

• SOUTH
• SOUTH, ROBERT (1634–1716)

South See also:

• AFRICAN

African colonies the law of easements is based on the Roman Dutch law (see Maasdorp, Institutes of Cape Law, 1904; Bk. ii. p . 166 et seq.) . In most of the other colonies the law of easements is similar to English law . In some, however, it has been provided by statute that rights to the access and use of light or water cannot be acquired by prescription: e.g . See also:

• VICTORIA
• VICTORIA (or VITTORIA), TOMMASSO LUDOVICO DA (C. I540-C. 1613)
• VICTORIA [ALEXANDRINA VICTORIA]

Victoria (Water Act 1890, No . 1156, s . 3), See also:

• ONTARIO
• ONTARIO, LAKE

Ontario (Real Property See also:

• LIMITATION, STATUTES OF

Limitation Act, Revised Stats . Ontario, 1897; c . 133, s . 36, light) . In the See also:

• UNITED

United States the law of easements is founded upon, and substantially identical with, English law .

The English See also:

• DOCTRINE

doctrine, however, as to acquisition of right of light and air by prescription is not accepted in most of the States . AuTHORITIES.—English Law: Gale, Law of Easements (8th ed., London, 19o8); Goddard, Law of Easements (6th ed., London, 1904) ; Innes, See also:

• DIGEST

Digest of the Law of Easements (7th ed., London, 1903) . See also:

• INDIAN

Indian Law: See also:

• PEACOCK (Lat. Pavo, O. Eng. Pawe, Du. pauuw, Ger. Pfau, Fr. Paon)
• PEACOCK, GEORGE (1791–1858)
• PEACOCK, SIR BARNES (1810-189o)
• PEACOCK, THOMAS LOVE (1785-1866)

Peacock, Easements in See also:

• BRITISH

British India (See also:

• CALCUTTA

Calcutta, 1904); See also:

• HUDSON
• HUDSON, GEORGE (180o-1871)
• HUDSON, HENRY
• HUDSON, JOHN (1662–1719)

Hudson and See also:

• INMAN, HENRY (1801-1846)

Inman, Law of Light and Air (2nd ed., London, 1905) . Scots Law: See also:

• ERSKINE, EBENEZER (1680-1754)
• ERSKINE, HENRY (1746-1817)
• ERSKINE, JOHN
• ERSKINE, JOHN (1721-1803)
• ERSKINE, RALPH (1685-1752)
• ERSKINE, THOMAS
• ERSKINE, THOMAS ERSKINE, 1ST BARON (1750-1823)

Erskine, Principles of the Law of Scotland (loth ed., See also:

• EDINBURGH

Edinburgh, 1903) . See also:

• AMERICAN

American Law : See also:

• JONES
• JONES, ALFRED GILPIN (1824-1906)
• JONES, EBENEZER (182o-186o)
• JONES, ERNEST CHARLES (1819-1869)
• JONES, HENRY (1831-1899)
• JONES, HENRY ARTHUR (1851- )
• JONES, INIGO (1573-1651)
• JONES, JOHN (c. 1800-1882)
• JONES, MICHAEL (d. 1649)
• JONES, OWEN (1741-1814)
• JONES, OWEN (1809-1874)
• JONES, RICHARD (179o-1855)
• JONES, SIR ALFRED LEWIS (1845-1909)
• JONES, SIR WILLIAM (1746-1794)
• JONES, THOMAS RUPERT (1819– )
• JONES, WILLIAM (1726-1800)

Jones, Law of Easements (New See also:

• YORK
• YORK (HOUSE OF)
• YORK, EDMUND OF LANGLEY, DUKE OF (1341-1402)
• YORK, EDWARD
• YORK, FREDERICK AUGUSTUS, DUKE OF (1763-1827)
• YORK, RICHARD, DUKE

York, 1898); See also:

• BOUVIER, JOHN (1787—1851)

Bouvier, Law Dict . (See also:

• BOSTON
• BOSTON, THOMAS (1676-1732)

Boston and London, 1897); Ruling Cases, London and Boston, 1894–1901, tit . Easement (American Notes) . (A . W .