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14 Cards in this Set
- Front
- Back
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Servient tenement |
Burdened with the duty |
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Dominant tenement |
The one that benefits. Must be of permanent value and must accommodate |
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Easement |
Positive right to do something on someone else's land Falls short of possession |
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Covenants |
Promises about activity on one's own land |
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Restrictive Covenants |
A right to prohibit someone doing something on their land |
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S 291 PLA - Easement in Gross |
An easement over land may be created in gross (that is without being attached to and benefitting other land) Runs with the servient tenement |
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Positive Easements |
Dominant owner can do something on the neighbours land. Unlimited in variety, must benefit Only binds those who own and occupy land (lease/licence not exceeding 10yrs) Can bind successors to the burdened land |
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Negative Easements |
Owner can stop the neighbour from doing something. Limited to free flow of air or right to light |
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Equitable Easement |
Created informally Subject to being defeated by a person who acquires legal estate in the servient tenement and usual rules to indefeasibility of title |
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Appurtenant |
Attaches to a particular area of land, which is the dominant tenement. Runs with both the D and the S tenement |
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Question for easements (Re Ellenborough Park) |
Would the rights substantially deprive servient owner of proprietorship (legal possession)? |
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Ouster Principle |
Easement cannot be unrestricted use or leave servient owner without any reasonable use of the land. Must be proportionate |
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Test from Moncrieff v Jamieson |
Whether SO retains possession and subject to reasonable exercise of the right in question, control over the servient land |
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Constructive Trusts & Estoppels Thorner v Major |
Representation Assurance Reliance Detriment |
