If there is an existing easement benefiting the land Albert purchases, and if the easement is registered, then Albert will acquire the easement when he becomes registered as the owner of the dominant land.
If there is no existing registered easement benefiting the land Albert purchases, he will need to approach the owner of the neighbouring land to create a new easement.
There are several ways that this can be done.
- Most commonly, an easement is created by express agreement between the owners of the dominant and servient tenements. It is then registered on the title of both tenements.
- An easement can also be created by implication from the circumstances, eiither from the conduct indicating the intention of both tenements' owners, or by necessity.
- In some jurisdictions an easement can also be created by prescription, where the right has been continuously exercised for a period of 20 years or more.
- Finally, the court also has the power to impose an easement where it is reasonably necessary for the enjoyment of the relevant land and would not be against the public interest.