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2 Cards in this Set

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  • Back
DEF 'creation by common intention'
'Davis v Bramwell': two conditions:

i) Common intention of both parties that the land is to be used in a particular manner

ii) G/R of the easement is NECESSARY to give effect to that common intention purpose
DEF 'necessary'
Distinct from necessity

'Stafford v Lee': Nourse LJ: necessary is a broader concept that necessity

'Wong v Beaumont': more accurately common intention?