Easements are a right annexed to land to utilise other land of different ownership in a particular manner but not involving the taking of any part of the natural produce of that land or any part of its soil or it may be the prevention of an adjoining owner of the other land from utilising his/her land in a particular manner. Easements can be either positive or negative:
positive easement : a right annexed to land which provides the owner with the right to utilise other (usually adjoining) land of different ownership. For example, a right of way.
negative easement : prevents the owner of the other land from utilising his land in a particular manner. For example, a cross easement over a party wall.
there are 4 essential characteristics of an easement:
there must be both a dominant and servient tenement
the easement must be for the enjoyment of the dominant tenement
the dominant and servient tenements must be in different ownerships
the right claimed must be capable of being granted by deed.