Information

 

Easements

An easement is a right held by one landowner to enjoy a specified benefit over land owned and possessed by another. There are various recognised easements, for example, a right to use a private road through another person's land; the right to lead water across another's land, or to discharge water onto another's land; or the right to run a drain through another person's land.

Easements can exist both in relation to urban and rural property. Example: A, the owner of a block of land, grants the owner of the neighbouring block which is prone to flooding the right to build an underground drain across A's land.

Deanshaw v Marshall (1978) 20 SASR 146 is an example of an easement in the form of a right of way across another's land.