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26 Cards in this Set
- Front
- Back
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Conditions for a right to be capable of being an easement:
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Re Ellenborough Park
1. Dominant and servient tenement 2. Easement must accommodate the dominant tenement 3. Dominant and servient tenements not owned and occupied by the same person 4. Must be capable of being the subject matter of a grant |
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No such thing as an easement “in gross” (without land that benefits from it) – it's just a licence
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Rangeley v Midland Railway
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To show that there is accommodation, show the right is connected to the normal enjoyment of the property (a question of fact)
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Re Ellenborough Park
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Right of way in Northumberland cannot accommodate land in Kent
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Bailey v Stephens
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The right must not be so vague or extensive as to exclude owner from possession.
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Copeland v Greenhalf
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Can a right to light be an easement? Yes, because it can be precisely defined and narrow In scope to buildings in close proximity
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Dalton v Angus
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Must be through a specific aperture, no a general right to light
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Colls v Home
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Can a right to a view be an easement? No, it imposes an unclear restriction on a wide range of land.
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Dalton v Angus
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Can a right to TV reception be an easement? No, it's an unclear restriction on land for miles around with an easy remedy, protected by planning laws anyway
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Hunter v Canary Wharf
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For the scope for new negative easements, the list is pretty well closed.
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Phipps v Pears
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Right to park is a question of fact and degree. If the right used gives the owner a reasonable use of the land, it can be an easement
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London & Blenheim Estate
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If the degree of right to park is to make ownership illusory, it cannot be an easement
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Bachelor v Marlow
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Define "as of right"
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“As of right”
- unchallenged - nec clam – in the open - without permission (nec precario) |
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Where 20y use exists, assume there is a lost deed granting right
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Simmons v Dobson
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Useful where there is a break in the 20y and you can't use Prescription Act
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Mills v Silver
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Easements of necessity
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Wong v Beaumont
Arise where no reasonable use could be made of the land without it |
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Easements of common intention
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Wong v Beaumont
Common intention or reasonable contemplation at time of contract |
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On a sale of part, a buyer can get an easement if:
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Wheeldon v Burrows
i. The right is continuous and apparent (like a drain or a path) ii. Necessary for reasonable enjoyment of the land iii. Right was used as quasi easement prior to sale of part |
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The right is continuous and apparent (like a drain or a path)
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Ward v Kirkland
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LPA25, s62
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i. Words implied into conveyance transferring existing easements to buyer
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Licences/permissions can become easements if:
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Wright v Macadam
- Sale of part - Before sale, there was a licence capable of being an easement (Re Ellenborough Park) - There was (generally) diverse occupation at time of sale (not unity) |
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Court inferred abandonment of right to light by a wall being rebuilt without a window that its predecessor had
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Moore v Rowson
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Benefit of easement passes automatically
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LPA, s62
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Post 13 Oct 2006:
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Sch 3 para 3 if:
- Servient buyer knew - Obvious on careful inspection - Claimant shows exercise in prior year |
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Between 13 Oct 2003 and 2006:
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Sch 3 para 3
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Pre 13 Oct 2003:
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Sch 12 para 9
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