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37 Cards in this Set
- Front
- Back
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Essential characteristics of an Easement
Re Ellenborough Park |
Dominant and servient
Servient accommodates dominant Occupied by different people Capable of grant subject matter |
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Essential characteristics of an Easement
Dominant and servient land - there must be land capable of benefiting from the easement - not an easement 'in gross' |
Rangeley v Midland Railway
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Essential characteristics of an Easement
Accommodate dominant land - must be connected with enjoyment of land |
Re Ellenborough
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Essential characteristics of an Easement
Different occupants BUT do not have to be.... |
owned seperately
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Essential characteristics of an Easement
Subject matter of grant |
Could be granted by deed
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Essential characteristics of an Easement
Subject of grant Cannot have right to a view but CAN for passage of light |
Dalton v Angus
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Essential characteristics of an Easement
Subject of grant TV reception NOT capable - interference could be very wide ranging |
Hunter v Canary Wharf
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Essential characteristics of an Easement
Subject of grant Right to wall of adjoining house to protect from weather - would be a NEGATIVE easement and prevent demolish |
Phipps v Pears
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Essential characteristics of an Easement
Subject of grant Question of degree - would servient owner have reasonable use of land |
Bachelor v Marlow
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Creation of an Easement
1. Express creation |
Agreement and deed
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Creation of an Easement
2. Implied creation |
Creation on sale of part
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Creation of an Easement
Easement of strict necessity Arise when, without easement, no use can be made of land |
Wong v Beaumont
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Creation of an Easement
Easement of common intention If parties intend that land is to be used in certain way, easements required to make use possible will be implied on sale of part |
Wong v Beaumont
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Creation of an Easement
Buyer could get benefit if right was... a) continuous b) apparent c) necessary for reasonable enjoyment d) being used as a 'quasi easement' by seller for benefit of part sold |
Wheeldon v Burrows
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Creation of an Easement
Grantor cannot give something then take away means of enjoyment |
Birmingham v Ross
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Creation of an Easement
'Continuous and apparent' - something present on servient lad which could be apparent on inspection e.g. path/drains |
Ward v Kirkland
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Creation of an Easement
Allows right of a permanent nature to be passed on automatically in conveyance of land |
s 62 LPA
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Creation of an Easement
S 62 requirements |
a) prior to sale of part/lease dominant land enjoyed benefit of licence/right capable of being an easement
b)diversity of occupation c) sale of part |
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Creation of an Easement
s 62 creation. Licence to use coal shed was interpreted as a right. When a new tenancy was renewed = easement |
Wright v Macadam
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Creation of an Easement
Prescription Common law requirements - 1) User must be... |
unchallenged
exercising openly without permission |
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Creation of an Easement
Prescription Common law requirements 2).... |
fee simple owner v fee simple owner
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Creation of an Easement
Prescription Common law requirements 3) Continuous for a prerequisite period of time. Time depends on.... |
Lost modern grant
Prescription Act |
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Creation of an Easement
Common Law LOST modern grant - depends of presumption that right has existed since... |
1189 (immemorial)
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Creation of an Easement
Lost modern grant - court will be prepared to presume existence since 1189 if user had been of right for 20 years and right was continous |
Dalton v Angus
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Creation of an Easement
Lost Modern Grant Presumption rebutted easily e.g.... But demonstrating that at the relevant time, land was owned by same person |
Neaverson
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Creation of an Easement
Prescription Act 1832 Prevents a common law (non light) easement being defeated if easement has been enjoyed for 20 years interupted |
s 2 PA 1832
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Creation of an Easement
Prescription Act 1832 Does NOT prevent other means - must meet |
common law requirements
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Creation of an Easement
Prescription Act 1832 Requirements - short period (non-light) |
Use as of right
Fee simple owner v fee simple owner without interruption that has been acquiesced for one year For 20 years before suit of action No evidence of express/implied consent |
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Creation of an Easement
Prescription Act 1832 Requirements - Long period (non-light) |
Use as of right
Fee simple v fee simple without interruption that has been acquiesced in for one year For 40 years before suit of action No evidence of written consent BEFORE or DURING 40 years or oral consent DURING 40 years |
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Creation of an Easement
Prescription Act 1832 Requirements - light easements |
Used for 20 years
Before some suit or action Without interruption that has been acquiesced for one year |
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Enforceability
Legal easement with comply with... fee simple, term years absolute |
s 1(2)(a) LPA
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Enforceability
Easements implied by sale of part are |
legal
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Enforceability
Equitable easements if legal formalities not satisfied But MUST be.... |
in signed writing and meet s 1(2) LPA
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Enforceability
Unregistered system - legal |
Binds world
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Enforceability
Unregistered system - equitable |
Class D(iii) Land Charge
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Enforceability
Registered system - legal |
Reg disposition
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Enforceability
Registered system - equitable |
IARE
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