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EASEMENT

An easement is a right which the owner or occupier of certain land possesses,


as such, for the beneficial enjoyment of that land, to do and continue to do
something, or to prevent and continue to prevent something being done, in or
upon, or in respect of, certain other land not his own.

How are Easement Created?


Easements can be created in the following ways
 Easement by Grant: The creation of an easement by one party expressly
transferring the easement to another party.
 Easement by Reservation: The creation of an easement by one party
expressly reserving the right to retain an easement in property that is
being transferred.
 Easement by Implication: An easement that is not created by express
statements between the parties; but as a result of surrounding
circumstances that dictate that an easement must have been intended
by the parties.
 Easement by Prescription: An easement created though adverse
possession.

What is meant by Dominant Heritage & Owner?


Dominant heritage and owner are defined as the land for the beneficial
enjoyment of which the right exists is called the dominant heritage and the
owner or occupier thereof the dominant owner.

What is meant my Servient Heritage & Owner?


Servient Heritage and owner are defined as the land on which the liability is
imposed is called the servient heritage, and the owner or the occupier thereof
the servient owner.
Encumbrance
An encumbrance is a right to, interest in, or legal liability on property that does
not prohibit passing title to the property but that may diminish its value.

99 Years Lease
The development authority of a particular area provides land development
rights to developers and sells properties for a lease of 99 years. This means
that anyone who purchases a residential or commercial property will own it
only for a period of 99 years, after which the ownership is given back to the
landowner. Buyers of leasehold properties are required to pay a ground rent to
the landowner for this. Lease of such properties can be renewed after the
completion of the term.

999 Years Lease

A 999-year lease, under historic common law, is an essentially


permanent lease of property.

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