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3 Cards in this Set
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- Back
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Legal and equitable easements
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s.1 LPA 1925: E can be leg./eqt. depending on the instrument of creation:
LEGAL: deed + registration Failure to register --> eqt. E (s.27(1) LRA 2002) EQT.: enforceable written instrument (not oral): s.2 LPA 1989: the contract must be: i) In writing ii) Incorporating all the terms iii) Signed by both parties -- 'Walsh v Lonsdale' Usually have an eqt. E because: - Failed legal formality requirements - From PE - 'Ives v High' |
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a) Express grant
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i) Already separate ownership: e.g. A grants B (neighbour) ROW for a fee/for free
Relatively uncommon -- 'CP Holdings v Dugdale' ii) A sells/leases part of his land: the E will be expressed in the conveyance V. common -- 'Hillman v Rogers': E to cross road at a defined point |
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b) Express reservation
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A's reservation must be clearly and unequivocally expressed in the deed (leg.) or enf. written instrument (eqt.)
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