UNIT 10

EASEMENT

An easement is a legal right granted to a person to use another person's land for a specific purpose. Easements are usually created by an agreement between the parties or by necessity, prescription, or statute. They do not transfer ownership of the land but allow certain uses of it. Examples include the right of way, right to light, and right to water. See the case of Ogunleye v Oni (1990) 2 NWLR (Pt. 135) 745 which establishes that an easement must be certain and specific, the case of Okunola v Akindele (1964) 1 All NLR 404 which discusses the acquisition of easement by prescription and the case of Oseni v Bajulu (1993) 6 NWLR (Pt. 298) 182 which highlights the importance of clear terms in easement agreements. See also section 10 of the Land Use Act 1978 which discusses the control and management of land use in Nigeria and section 10 of the Nigerian Conveyancing Act 1881 which governs the conveyance of property, including the creation of easements.

TYPES OF EASEMENTS

1. Affirmative easements: this type of easement allows the holder to perform an act on the servient land (e.g., a right of way).
2. Negative easements: this type of easement prevents the servient landowner from performing an act that would otherwise be legal (e.g., blocking light).
3. Appurtenant easements: this type of easement is attached to and benefit a particular piece of land.
4. In gross easements: this type of easement benefit an individual or entity, not a particular piece of land.

CREATION OF EASEMENTS

1. Express grant: this is created by a deed or written agreement.
2. Implied grant: this kind of easement arises by implication from the conduct of the parties or circumstances.
3. Prescription: this is obtained through continuous and uninterrupted use over a certain period, typically 20 years in Nigeria.
4. Necessity: this arises when land cannot be used without the easement, such as landlocked property.

TERMINATION OF EASEMENTS

1. Release: this is where the easement holder voluntarily relinquishes the right.
2. Merger: this happens when the dominant and servient tenements come under the same ownership.
3. Abandonment: this is when there is non-use of the easement for a statutory period, typically 20 years in Nigeria.
4. Expiration: this happens if the easement was created for a specific period or purpose, it ends when the period or purpose concludes.

PROFIT A PRENDRE

Profit a prendre, often simply called "profit," is a right granted to an individual to enter another's land and take natural resources from it, such as minerals, timber, fish, or game. It is a type of interest in land that allows the holder to benefit from the land's resources without owning it. See the case of Adeshina v Oyinloye (1972) 4 SC 18 which establishes the principles for the creation and recognition of profits and the case of Akinsanya v UBA Ltd (1986) 4 NWLR (Pt. 35) 273 which discusses the transferability and enforceability of profits in Nigeria. See also section 10 of the Land Use Act 1978 which covers the rights and usage of land and section 6 of the Nigerian Conveyancing Act 1881 which governs the conveyance of profits along with other property interests.

TYPES OF PROFITS A PRENDRE

1. Appurtenant profits: this is attached to a dominant estate and benefit the land.
2. In gross profits: this is personal to the holder and not tied to any land.

CREATION OF PROFITS A PRENDRE

1. Express grant: this is created by a written agreement or deed.
2. Prescription: this is acquired through long-term use, similar to easements.
3. Custom: this is recognized by longstanding local practices.

TERMINATION OF PROFITS A PRENDRE

1. Release: this is where the holder voluntarily gives up the profit.
2. Merger: this happens when the land benefiting from the profit and the land burdened by it come under common ownership.
3. Abandonment: this is when there is non-use of the profit for a statutory period, typically 20 years.
4. Expiration: this happens if the profit was created for a specific period or purpose, it ends when the period or purpose concludes.

CONCLUSION

Understanding easements and profits a prendre is crucial for managing land rights and usage effectively. Nigerian law provides a clear framework for the creation, use, and termination of these interests, ensuring that landowners and beneficiaries can coexist with clear and enforceable rights.