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11 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is the structure of an easements exam problem question. |
1. Identify the easements being claimed 2. Define what an easement is 3. Address the capacity issues & disqualifying factors 4. Address whether the easement has been acquired, including whether the easement is legal or equitable 5. Conclusion in regards to remedies |
1. disqualify 2. legal |
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What is the definition of an easement |
The right given to enjoy over the land of another or to restrict the enjoyment. |
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What is the relevant case to apply capacity for an easement |
Re Ellenborough Park |
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What are the 4 requirements in capacity |
1. Must be a dominant and servant tenement 2. Right must accommodate dominant tenement 3. Dominant and servant tenement must be in separate ownership 4. Right must be capable of forming the subject matter of a grant |
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What is the relevant case for there to be a dominant and servant tenement |
Hawkins v Rutter |
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What is the relevant case for the right to accommodate the dominant tenement |
Hill v Tupper |
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What is the relevant case in regards to proximity between the tenements |
Pugh v Savage |
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What is the relevant case for the dominant and servant tenement to be in separate ownership |
Roe v Siddons |
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What is the structure for a right to be capable of forming the subject matter of a grant |
1. There must be a capable grantor and grantee Metropolitan v Fowler 2. The right must be sufficiently precise Aldred's case 3. The right must be judicially recognised as an easement |
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What is the structure for disqualifying an easement as a right |
1. No expenditure on the servient tenement William Old v Arya 2. Right must not oust servient tenement Moncrieff v Jamieson 3. Right which exercisable with permission only can not be an easement Green v Ashco |
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Given an example of an enforceable remedy |
An injunction to restrain interference with the exercise of an easement is an option |
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