First Principles of Business Law

2.4. Easements

2.4.1. The nature of an easement

Recall the facts of the case study so far.  Then read these new facts:

The land that Albert might purchase for his business has road access only along its front. The main building is situated near the front of the land, with offices in front and factory space behind. It will not be possible to bring very large machinery and bulk supplies of materials onto the property through the front of this building. The land is surrounded on the other three sides by separate properties but the seller tells Albert there an 'easement' giving him a right of way over one of the neighbouring properties.

Albert wants to know whether an 'easement' giving him a right of way over the neighbouring property is a real right, enforceable against anyone who interferes with it, or a personal right enforceable only against the person who agreed to it. 

(a) An easement over another person's land is a real right, enforceable against anyone who interferes with it.

(b) An easement over another person's land is a personal right, enforceable only between the parties who agreed to it.