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19 Cards in this Set
- Front
- Back
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Easement |
A right to use someone else's land Ex: Right of way ->If have exclusive possession NOT an easement |
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Postitive Easement |
Allows the benefited landowner to use the burdened land in so way |
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Negative Easement |
Gives the benefited landowner a right that prevents the burdened landowner from using their own lad |
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Phipps v Pears |
Cannot create new negative easements as its not fair to restrict land |
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Pitfall |
Easement: Right to do something Covenant: Right to prevent someone to do something on their own land |
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Gribsy v Melville |
Cellerroom under floor, not an easement as had the exclusive right, if the landowner is prevented from using their land all together an easement will not be granted |
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Parking a car-Issues |
It will be an easement when it does not interfer with the reasonable enjoyment of the landowners (London estate): Easement provided that the vehicle was not is the same spot if same space overtime would NOT be an easement |
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Essential Characterisitics: |
Ellensborough Park 1. Must be a D+S tenement 2. Sperate ownership or occupation 3. Accommodate the D tenement 4. The right must be capable of forming the subject matter of a grant |
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1. Must be a D+S tenement |
Dominant: The land with the benefit Servant: The land with the burden Ex: Right of way: Use path (D) and land that has path running through (S) |
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2. Separate ownership or occupation |
You cannot have a right over your own land The D+S must be different people If the same get quasi easement |
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3. Accommodating the D tenement |
-The right must be for a genuine use and enjoyment of land and not a personal benefit (Hill v Tupper)-personal so not an easement -Lands must be sufficiently geographically close (Pugh v Savage)-not immediately adjacent-close |
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Moody v Steggles |
A right to hang sign was held as an easement so can have easements for businesses |
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4. The right must be capable of forming the subject matter of a grant |
-The right must be capable of being created by a deed -Sufficiently certain, in writing, enforced and transmitted to a 3rd party on sale of land |
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The personal granting the easement has legal capacity |
The person owns the land so can grant a benefit or burden, check title deeds or register |
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The right must be sufficiently definite |
Relates to the use and benefit of a specific piece of land (Alders Case): Receive light was allowed but not right to a view as its subjective and too vague |
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No postive obligation |
An easement cannot have a positive obligation which results in the expenditure of money (Rance v Elvin) |
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Category of easements are not closed |
(Nigeria v John Holt): only persuasive/not binding but a similar easement can be recognized |
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Must relate to a specific piece of land |
The easement must be attached to the land and not the person |
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Creation of a lease |
1. Statute 2. Express Grant or Reservation 3. Implied grant or reservation 4. Prescription |
