Easement

^ A service or convenience which one neighbor has of another by charter or prescription, without profit.'* The right whicli one man has to use the land of another for a specific purpose.* A liberty, privilege, or advantage in land, without profit, distinct from an ownership in the soil.* Easements include all those privileges which the, public, or the owner of neighboring lands or tenements, has in the lands of another, and by which the " servient owner," upon whom the burden of the privilege is imposed, is obliged to suffer, or not to do something, on his own land, for the advantage of the public, or for the *' dominant owner " to whom the privilege belongs.^ The essential qualities of easements are: they are incorporeal; they are imposed upon corporeal property; they confer no right to participation in profits arising from such property; there must be two distinct tenements, the dominant, to which the right belongs, and the servient, upon which the obligation rests.® Easements restrict the enjoyment of natural rights in land, light, air, and water. Attaching to land as incidents or appurtenances, are, among others: the rights of pasture, of way, of taking water, wood, minerals or other product of the soil, of receiving air, light, or heat, of receiving or discharging water, of support to buildings, of carrying on an offensive trade. An easement is not a tenancy.' Affirmative easement. Such right in another's land as authorizes acts actually 1 People V. Commissioners, 76 N. T. 74 (1879).

See 34