7 - easements

Question 1

Characteristics of an easement case - Evershed MR

Answer 1

Re Ellenborough Park

1. dominant and servient tenement
2. must accommodate dominant tenement
3. D and ST must be diff owners
4. a right cannot be an easement unless it is capable of forming the subject matter of the grant

Question 2

What are characteristics of easements

Answer 2

1. dominant and servient tenement
2. must accommodate dominant tenement
3. D and ST must be diff owners
4. a right cannot be an easement unless it is capable of forming the subject matter of the grant

Question 3

not personal - must be proximate

pub sign to adjoining property. The easement did accommodate dominant land, despite also benefitting the business situated on the dominant land: it would continue to benefit successors in title to the dominant land

Answer 3

Moody v Steggles

Question 4

not personal - pleasure boats on canal - more commercial advantage

Answer 4

Hill v Tupper

Question 5

Dominant and servient tenements in separate ownership or occupation - store coal

Answer 5

Wright v Macadam

Question 6

list subject matters not closed

Answer 6

Dyce v Lady James Hay

Question 7

right to view - too indefinite

Answer 7

William Alfred’s Case

Question 8

right to use the park was too wide and uncertain – no; but rejected on appeal and the right to use the park as a garden upheld

Answer 8

Re Ellenborough Park

Question 9

Must not impose any positive burden on the servient tenement (e.g. expense) unless express or implied agreement
provide another’s property with water

Answer 9

Rance v Elvin [1983

Question 10

Must not impose any positive burden on the servient tenement (e.g. expense) unless express or implied agreement
maintenance of boundary fence – OK

Answer 10

Crow v Wood [1971]

Question 11

Use by dominant tenement must not totally exclude the servient tenement or amount to joint occupation
storing cars on narrow strip - not an easement

Answer 11

Copeland v Greenhalf [1952]

Question 12

to park? - law remains unclear). An easement (right of way) was granted over servient land to access other (dominant land), which was difficult to access. The easement permitted vehicles to use the right of way. Did the easement permit parking vehicles on the right of way too? Yes.

Answer 12

Moncrieff v Jamieson

Question 13

easement - express 3 ways

Answer 13

statute
by grant - grants to neighbour
by reservation - sells to builder but keeps right of way for self

Question 14

easements - implied - 4 ways

Answer 14

1. necessity - need for a transaction and degree of necessity
2. common intention - of parties
3. by operation of LPA 1925 s62
4. rule in Wheeldon v Burrows

Question 15

necessity case

Answer 15

Union Lighterage Co v London Graving dock - (landlocked) Stirling LJ said: ‘in my opinion an easement of necessity means an easement without which the property retained cannot be used at all, and not one merely necessary to the reasonable enjoyment of that property.

Question 16

operation of s62 case

Answer 16

International Tea Stores Co v Hobbs [1903] – Landlord allowed his tenant to use a short-cut across his land, existed as a licence. Landlord then sold the leased premises to the tenant. Held: the tenant had the right to use the short-cut as it had now taken effect as a legal easement, enforceable against a 3rd party purchaser

Question 17

prior diversity of occupation

Answer 17

s62 requirement
it is essential that the plots owned by the vendor were in separate occupation before the sale or the lease – CONTRAST to Wheeldon test

Question 18

s.62 - Could the claimants continue to use the bridleways across the defendant’s land? No. A right of way is not a continuously enjoyed liberty, privilege or advantage.

Answer 18

Woods v Waddington

Question 19

Rule in Wheeldon v Burrows

Answer 19

The rule provides that where a person transfers part of his land to another, that transfer impliedly includes the grant of all rights in the nature of easements (quasi-easements) which the vendor enjoyed and used prior to the transfer for the benefit of the part transferred. Must follow the rules below

1. quasi easement must be continuous and apparent
2. must be necessary to reasonable enjoyment
3. must have been used at time of the grant for the benefit of the land transfers
4. no evidence of contrary intention