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13 Cards in this Set
- Front
- Back
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Re Ellenborough Park
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1. Dominant and servient tenement
2. Easement must accomadate dominant tenement 3. Dominant and servient owners must be different persons 4. Right over land does not equal easement UNLESS capable forming subject matter of grant |
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Two lands, two owners
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Establishes closeness
Must benefit LAND (Hill & Tupper: canal case) 'Normal enjoyment' BUT not 'mere amusement' --- but garden okay? |
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Three rules implicit in:
"Right over land does not equal easement UNLESS capable forming subject matter of grant" |
Require me to do something (except maintain fence) --->
Moncrieff v Jameson Benefit you w/o acitivity on your part except remove support, block access to water, air, light, etc. ---> Phipps v Pears (NO OTHER NEGATIVE EASEMENTS) No excessive rights over my land ---> Batchelor v Marlow: NO can park in specific place ----> Virdi v Chana: can do so? = confusion, maybe reasonable use binding -Intention to create right in rem |
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Express creation of easement
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Reserve during sale or express agreement
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Implied creation of easement
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Re Webb's Lease: probably intended by parties, as a matter of fact
---> if facts trigger special rules = impute easement due to utility + low grade consent |
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Common intention
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Transfer of landlocked end, easement created to allow access to land, Easement out of neccesity
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Particular person
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I lease you lower floor for restaurant, restaurant needs ventilation duct, easement conferred. WONG V BEAUMONT PROPERTY
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Wheeldon and Burrows
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Prior usage
I owned AND occupied A and B. I transfer B. Before transfer: quasi-easement, continuous and apparent; neccesary for reasonable enjoyment |
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Sec 62
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Prior usage
Owned both, occupied one -no continuous and apparent mandate -license must be easement shaped, e,g, irrevocable (no reservation for original owner) |
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Impied reservation
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No rules under Wheeldon v Burrows, but courts do find it if needed
(CORP OF LONDON V RIGGS) |
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Prescription
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Utility + consent; not neccesity
Using land for 20+ years, etc. |
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Formalities
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Deed - registed
No deed - no registration Prop. estoppel |
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Effectiveness against disponees
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Legal: express/ implied granted; reserved by deed; created by prescription
Equitable: state contract, prop. estoppel If registered...binding. If not...disponee knows, used in last year, obvious then binding But can be overring interest (both legal and equitable( |
