Alexander Wood Renton

“ For example, a man builds two houses, each of which by the plan of construction receives support from the other; this mutual right of support is a quasi-easement, of which on severance of the tenements the grantee of one will have the benefit; where the enjoyment of the severed tenement could not be had at all without such a right, it is said to be an “easement of necessity.” ”

“ It is distinguished from profits à prendre—another species of servitude which involves a right to participate in the profits of the soil of another—since an easement confers merely a convenience (aisiamentum) to be exercised over the land of another (without any participation in the profits of it) , i.e. a right to use the soil or produce of the soil in a way tending to the more convenient enjoyment of another piece of land. Thus a right of way is an easement, a right of common is a profit. ”

“ An express grant, or express reservation, of an easement cannot be effected except by deed. An easement arises by implied grant where a man makes one part of his tenement dependent on another, or makes the parts mutually interdependent, and grants any such part with the dependence attaching to it to another person (Innes, Law of Easements, 7th ed. p. 10) . ”