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FLK 2 - Land Law > 3. Easements > Flashcards

3. Easements Flashcards

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1
Q

What is the nature of an easement?

A

A right enjoyed by the owner of a legal estate over another person for the benefit of their own land.

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2
Q

What is dominant land?

A

Land that benefits from an easement and is owned by the grantee.

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3
Q

What is servient land?

A

Land burdened by an easement and is owned by the grantor.

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4
Q

What is profit a prendre?

A

A right to go on somebody else’s land and remove something which exists naturally.

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5
Q

What makes an easement legal?

A

If the right is granted forever or for a fixed ascertainable duration.

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6
Q

What is required to create a legal easement?

A

A deed.

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7
Q

What are the four characteristics of an easement?

A

Dominant and servient land, right accommodates dominant land, no common ownership, grantor has power to grant the right.

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8
Q

What does ‘right accommodates’ mean?

A

The easement must confer some real and practical benefit on the dominant land and be sufficiently proximate to the servient land.

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9
Q

What does ‘lie in the grant’ mean?

A

The easement must not be too wide or vague.

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10
Q

What are new types of easements recognized as?

A

Analogous to existing easements.

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11
Q

What is an example of a new type of easement?

A

Right to erect a satellite dish is analogous to the right to erect a sign.

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12
Q

What is an example of a new type of easement?

A

Right to park is analogous to an easement for storage.

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13
Q

Can an easement exist without a dominant and servient land?

A

No, there must be an identifiable dominant and servient tenement in existence at the time of the grant.

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14
Q

Why must there be a dominant and servient land for an easement?

A

When an easement is created, it becomes part of the land.

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15
Q

Can an easement exist in ‘gross’?

A

No, it must be attached to the dominant land.

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16
Q

What happens if an easement does not have an identifiable dominant tenement?

A

It will be a license only.

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17
Q

Can a profit exist in ‘gross’?

A

Yes, a profit can exist without an identifiable dominant tenement.

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18
Q

What must an easement do?

A

Accommodate the dominant tenement.

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19
Q

What is the rule regarding the connection between the right and the normal enjoyment of the dominant tenement?

A

The right must be connected to the normal enjoyment of the dominant tenement.

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20
Q

What is the requirement for the dominant and servient tenements in terms of their proximity?

A

They need to be close enough to establish a connection.

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21
Q

What is the requirement for the benefit of the right?

A

The right must benefit the land itself, not just the owner personally.

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22
Q

What is the concept of improvement of marketability?

A

The right should improve the marketability of the land.

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23
Q

Who determines whether a right is seen as a benefit by any owner?

A

Any owner can determine whether the right is seen as a benefit.

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24
Q

Can the dominant and servient tenements be owned and occupied by the same person?

A

No, they must not be owned and occupied by the same person.

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25
Q

What is the rule regarding having an easement over your own land?

A

You cannot have an easement over your own land.

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26
Q

What is the principle of diversity in relation to landlord and tenant situations?

A

The land will be occupied by different people, allowing a landlord to create an easement in favor of the tenant.

27
Q

What are quasi-easements?

A

Rights exercised by the sole owner of two separate properties over one of them.

28
Q

What is the main difference between easements and quasi-easements?

A

Quasi-easements do not require the principle of diversity for ownership/occupation.

29
Q

Can quasi-easements be converted to easements?

A

Yes, they can be converted to easements upon the sale of part of the land.

30
Q

What is the requirement for an easement to be capable of forming the subject matter of the grant?

A

The easement must be capable of being granted by deed.

31
Q

What is the precise definition requirement for an easement?

A

An easement must be capable of precise definition as a legal interest.

32
Q

Who must have the power to grant/enjoy the right in an easement?

A

The grantor/grantee must have the power to grant/enjoy the right.

33
Q

What are the four main points within the characteristic of being capable of grantor/grantee?

A
  1. The easement must be reasonably exact in definition. 2. It must not involve any expenditure by the servient owner. 3. It must not claim joint possession of the servient tenement. 4. Temporal and spatial judgments are made.
34
Q

How does the law approach claims for new types of negative easements?

A

The law is cautious when it comes to claims for new types of negative easements.

35
Q

What is a positive easement?

A

Benefit enjoyed by occupants of dominant land.

36
Q

What is a negative easement?

A

Right that prevents servient owner from doing something on their land.

37
Q

What is the requirement for a right to light?

A

Must be via a defined aperture.

38
Q

What is the ouster principle?

A

If servient landowner is left with no reasonable use, it amounts to exclusive possession.

39
Q

What disqualifying factor is related to payment?

A

If servient owner has to spend money, it is not an easement.

40
Q

What disqualifying factor is related to permission?

A

If servient owner needs permission after initial grant, it is not an easement.

41
Q

What are the requirements for creating a legal easement?

A

Fixed duration + valid deed OR prescription + satisfies Re Ellenborough.

42
Q

What are the requirements for creating an express easement?

A

Transfer deed + benefit entered onto Property register.

43
Q

What are the requirements for creating a prescriptive easement?

A

20 years use + no force, secrecy, or permission.

44
Q

What are the requirements for creating an equitable easement?

A

Grantor signs in writing + satisfies Re Ellenborough.

45
Q

What is an express grant?

A

Servient owner grants dominant owner an easement.

46
Q

What is a reservation?

A

Seller retains rights over land they are selling.

47
Q

What is the rule for prescription?

A

20 years use creates a legal easement.

48
Q

What are the three types of prescription? No force secrecy permission

U can aggregate the previous owners periods of use

A

Common law, lost modern grant, Prescription Act 1832.

Prescription Act 1832: An easement can be claimed if a right has been used openly and without permission for 20 continuous years (30 years for profits), provided any interruptions in use are under a year, and the use continues right up until the time of the legal claim.

Prescription at Common Law: An easement is presumed if used continuously as of right since 1189, but this can be easily disproved if the right was interrupted.

  1. Lost Modern Grant Doctrine: An easement is presumed if used as of right for 20 years, based on a fictional “lost” grant when other prescription methods fail.

Key Fact to Check: Look for a right exercised continuously over 20 years or more between two distinct freehold parcels.

49
Q

What are the requirements for a valid prescription?

A

Continuous use and use as of right.

50
Q

What are implied easements?

A

Easements that are not expressly granted or reserved.

51
Q

What is the general rule for implied easements?

A

Implied easements take their status from the document it is implied into.

52
Q

What are the four methods for establishing implied easements?

A

Necessity, common intention, Wheedon v Burrows, and s.62 LPA.

53
Q

What is the requirement for an easement to be established by necessity?

A

The land must be landlocked and the easement must be essential to use the dominant land.

54
Q

What is the condition for an easement to be established by necessity?

A

The land must not have any other means of access other than the right claimed.

55
Q

What is the condition for an easement to be established by common intention?

A

The land must be disposed for a specific purpose known to both parties, and that purpose cannot be fulfilled without the right claimed.

56
Q

What is the requirement for an easement to be established by common intention?

A

There must be a common purpose known to the parties and the right claimed is needed to fulfill that purpose.

57
Q

What is the condition for an easement to be established based on the Wheedon v Burrows method?

A

There must be a continuous and apparent quasi-easement necessary for the reasonable enjoyment of the land, and it must have been in use by one owner before being owned by the claimant.

Necessary here not like implied necessity if u have another option but easement more practical then easement is gd enough

58
Q

What is the requirement for an easement to be established under section 62 of the LPA?

A

There must be a sale or renewal of part of the land to an existing tenant who enjoys a quasi-easement, and it only applies to transfers by deed.

59
Q

What are the conditions for an easement to be established under section 62 of the LPA?

A

There must be an existing license or permission, a subsequent conveyance, and diversity of occupation (unless the right is continuous and apparent).

60
Q

Overriding interest binding even w no registry

A

Legal easement that are binding: implied easements and easements via prescriptions

61
Q

If right of way is silent about maintenance costs who pays?

A

Servient land owner under no obligation to pay nor is the dominant land owner or others be benefiting from land

62
Q

Prescription right created between who only

A

Twi freehold owners

63
Q

So dominant and servient tenent need to be immediately adjacent

A

No

FLK 2 - Land Law (8 decks)

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