p. 31712. Easements and profits
- Sandra ClarkeSandra ClarkeFormer Dean of Law, University of Buckingham
- and Sarah GreerSarah GreerVice Chancellor, University of Winchester
Abstract
This chapter discusses easements and profits—two of the most important rights that can be held by one person over land belonging to another person. Easements are important property rights owned by one landowner (the dominant owner) over land of another (the servient owner). To be an easement, the right claimed must benefit the land itself and not merely the owner of the dominant tenement personally. This key requirement has been thoroughly examined recently by the Supreme Court in Regency Villas Title Ltd v. Diamond Resorts (Europe) Ltd. Common types of easement include rights of way, rights of parking, right to air, and rights of water. A profit à prendre is the right to take something from another person’s land. This includes minerals, crops, and wild animals. Profits may be owned either by one person to the exclusion of all others—that is, a several profit—or by one person in common with other persons—that is, a profit in common, or a common.
