What is the test for an easement?

An easement has four essential features. First, there must be a dominant and a servient tenement. The interest is not personal, but benefits the dominant tenement and creates a corresponding duty for the servient tenement. A right-of-way only exists for the benefit of property and not for the benefit of a specific person. Moreover, an easement must accommodate the dominant tenement. Thirdly, dominant and servient owners must be different persons. Finally, the easement must be precise enough to be described reasonably, such as it is capable of forming the subject matter of a grant. (See Précis du droit des biens réels, supra, at pages 267 and 268, as well as Vihvelin v. Saint John (City) [2000] N.B.J. No. 323 at paragraph 62).