National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 1 · Creation
282. Meaning of “easement”
Feedback & supportIn this Act “easement” means any right granted by one proprietor to another, in his capacity as such and for the beneficial enjoyment of his land, in accordance with the following provisions of this Chapter.
The rights capable of being granted as easements are those specified in section 283.
The land for the benefit of which any easement is granted is in this Act referred to as “the dominant land”, and the land of the proprietor by whom it is granted as “the servient land”:
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
Provided that, where on the subdivision or partition of any land the benefit or burden of any easement ceases to be attached to, or binding upon, any portion, references in this Act to “the dominant land” or, as the case may be, “the servient land” shall thereafter be construed in relation to that easement as excluding the portion in question.