Reforms Regarding Easements In The UK Essay Example | Topics and Well Written Essays - 1750 words

Reforms Regarding Easements In The UK - Essay Example es of space per person even in office space, it so follows that it would probably be only natural for someone from England demanding justice if a neighbour came to fish in his or her pond, swim in a backyard pool, or use the lavatory at one’s whim. As such, it can be very difficult to actually define an easement, especially if the person using the easement does not want to formally admit that he or she is using the other person’s property illegally. Also, the dominant may not want to admit that there is an easement between both the dominant and the servient, as the dominant may feel that, legitimating that relationship might therefore give the servient some type of rights or ownership to his or her property—which it does, but that is almost entirely beside the point. The person who holds the easement doesn’t exactly own the property. It’s more like, they are borrowing it or using it for a certain time and then won’t be there anymore. Usage of an easement is, for the majority, not continuous. Thus, these facts should be taken into account when one is considering either making an easement formal or doing something in order to make the process of acquiring an easement possible. In all circumstances, paperwork should always be filled out so there is no misunderstanding between the dominant and the servient. This is essential for the relationship. III. What Can Be Done with an Easement (500 words) Although an easement itself is defined by four strict necessities by law, what can be done with an easement should definitely be clarified. It has been said that â€Å"†¦an easement is extinguished if the dominant and servient tenements come into the same ownership†¦Ã¢â‚¬ 2 That may be true, but unless it was expressly written into the law in such a like manner, one might... When someone encroaches upon another person's legal boundaries—no matter how enlightened the dominant—the servant always has the potential to face problems, due to the territorial nature of people. It only makes sense, then, that legally, there must be clear grounds where easements are concerned, for all parties involved—even if the easement is an informal agreement between two neighbors that one can fish in his pond with or without stipulations. Whatever the agreement, it must be something that can be sealed with a handshake if a verbal agreement, and agreed on paper with a signature if the dominant requires it from the servant. In any case, paperwork is only there to protect both parties from any kind of liability. Easements are definitely difficult problems to tackle, but worthwhile. That having been said, it is both the owner and the servant's best interests to know what they want, respectively, and that each party can then have boundaries which are to be fol lowed. This really helps everyone with the idea that the property is to be shared, and it encourages a sense of community between the dominant(s) and servant(s). It is hoped that, in the future, easements will be able to be more readily available without having to finagle through a long and difficult legal explanation about what it constitutes. The law should definitely be made simpler to explain these concepts well to the general public. Through clear extrapolation of the law, this is possible. Discussing easements can be quite a complicated task.