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9 Cards in this Set
- Front
- Back
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Is the right capable of being an easement? Test and the features |
Re Ellenborough Park 1. Dominant and servient tenement 2 .Easement must accommodate dominant tenement 3. Tenements must not have same owner 4. Right must be capable of forming subject matter of a grant |
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What is a servient tenement? |
land over which the easement is exericsed |
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What is a dominant tenement? |
land which benefits from the easement |
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Right cannot amount to possession of the land or be too excessive |
Copeland v Greenhalf - unsuccessful claim to right to store vehicles on narrow strip of land - claimant tried to claim right over the whole land which would amount to possession itself - "goes wholly outside any normal idea of an easement" |
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Reasonable user test - excessive use? |
Bachelor v Marlow - can the servient owner still make reasonable use of his land? - if right involves excessive use of the servient tenement then it is not capable of being an easement |
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What case came after Bachelor which slightly altered the reasonable user test? |
Moncrieff v Jamieson - Did not overrule Bachelor but has been followed in Virai v Chana - Lord Scott: would the right leave the servient owner in possession and control? |
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Which recent case blurred the lines between the reasonable user test and test of possession and control? |
Kettle & Ors v Bloomfold - reasonable user test was restrictive - degree and control test would allow more extensive easements |
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Creation methods of easements: |
Express reservation Express grant Implied creation s62 LPA 1925 |
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What are the requirements for a s62 easement? |
1. Competent grantor - prior to conveyance the plots must have been in common ownership 2. Diversity of occupation (Long v Gowlett) 3. Right must be capable of being an easement 4. Must be a conveyance 5. Must be no contrary intention |
