Easement – Property for rent in Singapore
Property for rent in Singapore – An easement is the right of an owner of a property (“the dominant tenement”) over the property of another owner (“the servient tenement”). The dominant tenement is the party that holds the easement and gains from the benefits. It may be in the form of a positive easement or a negative easement as follows:
- In a positive easement, it permits the dominant tenement to do something on the servient tenement. For example, the dominant tenement has the right to use the driveway belonging to the servient tenement to get to the dominant tenement.
- In a negative easement, it is to restrict the servient tenement from doing something. For example, not to allow the servient tenement to build anything above 3 storey so that the dominant tenement has the right to view or scenery.
Easement “runs with the land”, meaning it will pass to the new owner who bought over the servient tenement. Property for rent in Singapore.
The four conditions of an easement are as follows:
(a) There must be a dominant tenement and a servient tenement;
(b) The dominant tenement and the servient tenement must be owned by different persons;
(c) The easement must benefit the dominant tenement; and
(d) The characteristic of an easement must be capable of forming a grant by deed. For example, rights which require positive action by the owner of a servient tenement or are excessive in nature are unlikely to be granted.
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