A tenant in possession of land may enforce a prescriptive easement appurtenant to that land without the consent of the landlord who owns the fee simple. The knowledge or consent of the dominant tenement owner is not required for the creation of an easement by prescription through tenant use. Where a tenant seeks a declaration as to the existence of a prescriptive easement not yet recognised by the landlord, the landlord should be joined as a party. The status of the landlord as a statutory corporation does not preclude the creation of a prescriptive easement where the corporation has power to own land and acquire easements.
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