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3 Cards in this Set
- Front
- Back
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How are legal easements created and protected? |
Legal easements must be created by deed (s52 LPA 1925).
In unregistered land, legal easements bind the world automatically.
In registered land, legal easements must be registered to be binding (s27 LRA 2002) although note implied grant or reservation and prescription overriding under Sch 3 LRA 2002. |
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How are equitable easements created and protected? |
These may be created in writing provided it complies with s2 LP(MP)A 1989.
In unregistered land, equitable easements must be registered as Class D(iii) land charge.
In registered land, equitable easements must be registered by way of notice to bind. |
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What are the rules regarding implied grant and reservation of easements? |
Grant
1) necessity - might arise where land is landlocked, as in Titchmarsh v Royston Water Co (1899).
2) common intention - as in Liverpool City Council v Irwin (1977) and Davies v Bramwell (2007).
3) Wheeldon v Burrows (1879) - this relies on a number of factors:
a) the land must have been in common ownership/occupation
b) the land must have then been divided
c) retained servient tenement with dominant part sold
d) was the right habitually exercised when in unity of seisin?
e) was the right continuous and apparent (Hansford v Jago (1921)) and necessary for the reasonable enjoyment of the dominant tenement?
4) s62 LPA 1925 - following Wood v Waddington (2015) s62 can be used I two situations:
a) the same as Wheeldon v Burrows but no requirement for it to be necessary for the reasonable enjoyment of the land; or
b) when there is diversity of ownership/occupation. This could turn a lease or licence into an easement!
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