Clarke, Sam Damien (2026) It's an Easement, Not a Detriment. The Ouster Principle: A Further Complexity to the Law of Easements. Other thesis, National University of Ireland Maynooth.
Preview
Available under License Creative Commons Attribution Non-commercial Share Alike.
Download (1MB) | Preview
Abstract
For a right to qualify as an easement, it is necessary that the right claimed satisfies all the
essential characteristics of an easement. Included in this analysis, is the consideration of
whether the right sought is compatible with the proprietorship or possession of the servient
tenement. To reach this determination, the Courts evolved the perplexed ouster principle — a
doctrine which asserts that a right sought cannot be so burdensome as to oust the servient owner
from the practical possession or the beneficial enjoyment of their own land.
Since easements are rights of one party over the land of another, there is a necessity to balance
the rights of the dominant owner with the residual rights of the servient owner. Otherwise, the
existence of broadly construed easements would become detrimental to the ownership of
property — due to the value in the ownership of the servient tenement becoming obsolete. In
the absence of such restrictions, the law would experience a rumpus of claims resulting in an
avalanche of rights which would have the capacity to supersede the rights of the landowner
himself. Therefore, the law has deemed it necessary to set a limit on the scope of rights which
can lawfully exist as easements.
Although the ouster principle endeavours to prevent landowners form being ousted from the
reasonable enjoyment or the practical possession of their own land, the application of this
doctrine has proved difficult, as the absence of a defined position adopted by the Courts has
resulted in much confusion within this area of law.
For the purpose of this dissertation, I hope to bring clarity to the parameters of the ouster
principle and wish to outline a coherent structure that should be readily embraced by the Courts.
As the ouster principle awaits a detailed consideration in Irelandi, my critical analysis of various
case law hopes to determine that an easement claimed cannot be so burdensome as to become
detrimental to the ownership of land. Therefore — as it is submitted — the ouster principle is
good law and ought to be formally adopted by the Irish Courts.
| Item Type: | Thesis (Other) |
|---|---|
| Additional Information: | An undergraduate dissertation submitted in partial fulfilment of the requirements for Bachelor of Laws degree. |
| Keywords: | The Ouster Principle; Easements; Incorporeal Hereditaments: Land Law; Easements of Parking; |
| Academic Unit: | Faculty of Social Sciences > School of Law and Criminology |
| Item ID: | 21644 |
| Depositing User: | IR eTheses |
| Date Deposited: | 27 May 2026 09:19 |
| Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
Downloads
Downloads per month over past year
Share and Export
Share and Export