The Concerning of the Trespass for the Easement of Access and the Property Right that is the Exclusion for Trespassers.

Abstract

The Easement is a right attached to one particular piece of land which allows the owner of the land (the dominant owner) either to use the land of another person (the servient owner)in a particular manner. And an easement attached to access a road is the easement of access. Moreover, if the easement of access is trespassed quare clausum fregit by a trespasser, it has the property right that is the exclusion for trespasser. In this case, who has its right and who pays the expense to the exclusion for the trespasser. That is to say, it is problem that the dominant owner excluds the trespasser at the expense of the owner, or the servient owner. This paper describes the easements of access which is trespassed quare clausum fregit by trespasser and concerning with the property right that is the exclusion of the trespasser.