6(c):Easement

 •An easement is a right to use, or restrict the use of land of another in some way. Example:

 - Rights of Way

 -Rights of Light

 -Rights of Water

  An easement involves the existence of dominant heritage and a servient heritage.

  That is, there must be two parcels of land, one ( the dominant heritage) to which the benefit of easement attaches and another ( the servient heritage) which bears the burden of the easement.

  It is a right over one property for the benefit of another property, and therefore,

  It can not exist apart from the property to which it is attached.

  It is not a property itself.

  It is one of the legal incidents of the property to which it is attached, and will pass on to the transferee, if the property is transferred.

  It can not be separated but may be transferred along with the property to which it is attached.

 

 Illustration:

   A, owner of a house X, has a right of way over an adjoining plot of land belonging to B.A transfers this right of way to C. The transfer is a transfer of easement and therefore, invalid.

    But if A transfer s the house itself, the easement passes on to C on such transfer.