The degree to which their existence and extent affect the ability of a landowner to use his land is likely to be the primary concern of a surveyor dealing with easements. This highly practical casebook brings welcome clarity to what is a highly complex area, showing the practitioner how to approach some of the everyday questions that are likely to arise, such as 'Is there an easement over this land?' and 'How is this land affected by that easement?'
Based on relevant legislation, summaries of existing cases, and highlighted by the authors' expert commentary, the topics covered include:
Creation, scope, use and extinguishment of easements and similar rights;
Acquisition of easements;
Common easement issues including alterations in the extent or mode of user, alterations to the route of a right of way, access for repairs and liability to repair;
Interference with easements, and remedies;
Other rights closely related or similar to easements including rights of access to land under statute and rights of utility companies to use land for their activities;
Carefully selected cases to illustrate the practical application of generally accepted legal principles. |
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