A STUDY ON HISTORICAL DEVELOPMENT OF EASMENTARY RIGHT
AUTHORS – J. MANJENI* & DR. P.BRINDA**, LLM SCHOLAR* & H.O.D- DEPARTMENT OF PROPERTY LAW, SCHOOL OF EXCELLENCE IN LAW, TNDALU
BEST CITATION – J. MANJENI & DR. P.BRINDA, LAND PROVISION FOR THE LANDLESS, ILE PROPERTY AND LAND LAW REVIEW (ILE PLLR), 2 (1) of 2024, Pg. 01-06, APIS – 3920 – 0048 | ISSN – 2584-1998
ABSTRACT:
Easementary rights have undergone significant transformations throughout history, shaping the modern concept of easements. This study traces the development of easementary rights from ancient Roman law to contemporary times. In Roman law, servitudes enabled landowners to grant rights over their land for specific purposes. The concept evolved in medieval England, where easements were recognized as interests in land, transferable separately from ownership. The 19th century reform significant reforms, with the easements Act of 1881 codifying the law in England. IN the United States, the Restatement of Property [1936] and subsequent case law clarified easementary rights. The historical analysis reveals the adaptability of easementary rights to changing society needs, from ancient aqueducts to modern-day conservation easements. Understanding the evolution of easementary rights provides valuble insight for addressing contemporary issues in property.
Key words: Easementary rights, historical development, Roman law, English law, Property law, Land ownership.