#14188 - Brain Storm For Icpl - Introduction to Property and Commercial Law (Revision Notes)

Corporeal hereditaments Real property Definition: rights to take things from another's land. Land subject to the profit is called the servient tenement. Profits a prendre Restricted to the taking of the natural produce of the land, including soil and minerals, natural vegetation and wild animals. Cannot be granted for the fruits of industry, such as crops, garden vegetables, which are regarded as the product of human labour and not of the land itself. Incorporeal hereditaments Property The benefit to the dominant tenement is called accommodation. Right to use a neighbour's land without possessing it. Land subject to an easement is called the servient tenement. Easement Personal property Exceptions: s 88AB of the Conveyancing Act 1919 (NSW) confers right to have a profit a preener to harvest trees that were planted by humans (or their machines). Easement in gross: an easement without a dominant tenement. Land benefit by an easement is called dominant tenement. Usually unavailable, however make it possible under s 88 A of the Conveyancing Act 1919 (NSW). The dominant tenement needn't be adjacent to the servient tenement, but must be nearby. An easement must provide some benefit to the dominant tenement. The benefit must be connected to the normal use and enjoyment of the dominant tenement: King v David Allen & Sons Billposting Ltd [1916] Created in favour of the Crown, local governments, or utility companies for the purpose of providing utility services. A benefit to the owners or occupiers of the land, which is unconnected to the land, would not be a valid easement, for example, win profit: King