An Easement in a future codification of Civil Law

Abstract

Easement means, a right enjoyed by the owner of land over the lands of another: such as rights of way, right of light, rights of support, rights to a flow of air or water etc. The dominant tenement is the land owned by the possessor of the easement, and the servient tenement is the land over which the right is enjoyed. An easement must exist for the accommodation and better enjoyment to which it is annexed, otherwise it may amount to mere licence. An easement benefits and binds the land itself and therefore countinious despite any  change of ownership of either dominant or servient tenement, althought it will be extinguished if the two tenemants come into common ownership.

An easement can only be enjoyed in respect of land. This means two parcels of land.The principles on an easement are:

First there must be a «dominant tenement» and  a «servient tenement».Dominant tenement to which the benefit of the easement attaches, and another (servient tenement) which bears the burden of the easement.

Secondly, the easement must benefit the dominant tenement. An easements can not consist of doing something for servient tenement.

An easement shall be done in accordance with the principle of restrictions. This means that the less burden the servient tenement. When there is doubt about the extent of the actual easement shall take what easear the servient tenement. The new needs of the dominant estate does not result in the expansion of servitude.

Draft Code of property  and other real estate, provides for the possibility that the same person may be the owner of the dominant and servient tenement.
Draft Code all easements divided into real, personal, real-personal and easement construction. Draft Code regulates all types of easements in great detail.