Right Of Easement

An easement is a right  benefiting one parcel of
land, (known as the dominant tenement) that permits the rightful users of that land to perform specific actions over a neigbouring parcel of land (known as the servient  tenement). The most widely known easement is the private right of way. A private right of way is anyone with a legitimate purpose for visiting the land, which could be the rightful owner, his immediate family who live the ere as servant or staff who work there, and  also those visiting for social, business or duty reasons. This explains why a courier service provider for example  may make use of the private right of way even though he does not own the dominant tenement. An easement may be  created in a number of ways, one of such ways is by express grant. In which case there maybe a  Deed of grant, that states the terms of easement, or the grant may take the form of a clause  in a conveyance deed or a transfer deed.
If a parcel of land is sold together with an expressly granted easement, then that parcel of land becomes the  dominant  tenement,  that has rights over neighbouring land. If there is a doubt  as to whether or not an easement exist, the law tends to  favour the existence  of the easement. In Defacto Bakeries & Catering Ltd V. Ajilore & Ors (1974). All NLR Part  II Pg. 385 at 392, the court defined an easement as  “a right enjoyed over the property of another person  and must be created by a grant (express, implied or presumed, or by statute).
Generally you may pass and repass along a right of way as long, as you do not stop and linger on the right of way. Note that a gate is not considered an obstruction of the right of way, provided that the users of the dominant  tenement  have the means of opening and unlocking the gate. Also the owner of the dominant tenement cannot   expect the route  to be widened, strengthened  or given extra  headroom just because his needs have  changed, he is entitled  only  to the width,  weight or headroom that was envisaged at the time of the grant of the right of way.
An easement can also be created  by prescription. This happens when some carries out an act (that is capable of being an easement), repeatedly, openly and without the (potential servient) landowner’s permission for a  period of at least twenty years.  If the  easement is created of necessity, the parcel of land will have a right of way of necessity  over a road, track or path leading to it, if that route is the only means of access between  the public highway and that parcel of land.
It is worthy of note that an easement is very difficult to extinguish and should be thought of as existing forever. The land of the servient tenement is burdened with the easement. The owner of the dominant  tenement should not forget that the owner  of  the servient tenement has a right to the  peacefull enjoyment of his land and the legitimate development  of his land.
Therefore the performance  of the easement should not interfere with the  servient owner’s peace nor prevent  him from exercising his right to develop his  land (provided the  development caters for easement).
An easement is said  to “run with the land”, it cannot be sold separately from the land, but  must be passed on with the land whenever the land is transferred to a new owner.

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