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Land Law > Chapter 11- Easements > Flashcards

Chapter 11- Easements Flashcards

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1
Q

What is an easement

A

Right over someone else land (right to drainage etc)

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2
Q

For an easement to exist what most both party’s have

A

Estates in the land

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3
Q

What is the person who benefits from the easement known as

A

Dominant owner

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4
Q

What is the person whos land suffers from the easement known as

A

Servient owner

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5
Q

Is an easement a public or a private right?

A

Private

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6
Q

What does s62 LPA state

A

Beneficial easements pass with the land and unless stated otherwise owners can enforce the easement

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7
Q

Which case law established how to identify an easement

A

Re ellenborough Park 1956

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8
Q

What are the 4 characteristics of an easement

A

1) both dominant and serviant owners
2) right must be a benefit to the dominant owners land
3) different people must own and occupy the dominant and servient land
4) Right must be able to form part of a written document.

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9
Q

How must an easement meet requirements to form a written document (3 examples)

A

Must be similar to
Rights of way
Rights of drainage
Rights to run cables or pipes under or over land

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10
Q

What is the contrary case to Hill v Tupper for mooring as an easement

A

P&S Platt Ltd v Crouch

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11
Q

What did moody v Steggles evidence

A

Right to put a pub sign on someone’s land as it benefited the land itself not the owner

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12
Q

Recently villas v diamonds resorts ltd 2018

A

Sports activity easements - can only be considered so if they accommodate the dominant tenement

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13
Q

Additional requirement to determine an easement

A

No positive requirement for the servient owner to spend money (unless fences)

Easements must be sufficiently definite. (Can’t protect right to light or view unless by covenant)

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14
Q

Can a dominant owner exclude the servient owner from the land

A

No, as that would not make it an easement

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15
Q

Example of easement case with storage

A

Wright v macadam

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16
Q

Case example where exclusive possession was determined thus could not be an easement

A

Batchelor v marlow (right to park)

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17
Q

Subsections for a legal easement

A

They are in term of a lease hold or free hold property

In the form of a deed if created by express grant or reservation

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18
Q

What s of the act covers legal easement

A

s1(2) LPA 1925

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19
Q

Do buyers require notice of easement to be bound to rights?

A

No, legal easements bind buyers regardless of notice

20
Q

What is an equitable easement

A

One that is not on lease/freehold land one that is created by deed Or on land with short lease

21
Q

Two examples of equitable easements

A
  • easement got life

- easement where formalities failed (not created by deed)

22
Q

How is easement protected on unregistered land

A

Registered at the land charges registry class D after 26/01/1926

Before subject to doctrine of notice

23
Q

Easement on registered land

A

Protected by entry on land register

24
Q

Difference between easement and licence

A

Easement is interest in land

Licence is permission to enter land

25
Q

How can easement be created

A

Through reservation or by grant

26
Q

What is the difference between reservation and a grant

A

Grant is when one person agrees to another they have rights over land which they retain

Reservation when a person reserved right over land which they sell

27
Q

3 ways of granting or creating legal easement

A

Express grant
Implied grant
Presumed grant or prescription.

28
Q

What is an express grant

A

One party agrees to another they can have easement

29
Q

What is an implied grant

A
  • Claimant must prove existence of easement (even though no deed or in writing)
  • easement will be implied is it is an absolute necessity.
  • common intention (parties clearly intended there to be an easement)
  • wheeldon v burrows
30
Q

Implied grant case example of necessity

A

Nickerson v barraclough - access restricted so need right if way

31
Q

Implied grant case example of intention

A

Liverpool city council v Irwin

32
Q

What is the 5 facts of wheeldon v burrows

A
  • unity of ownership (one person originally owned the land the split it)
  • exercise of quasi-easement (person cannot have an easement over own land).
  • easement to be continuous and apparent (must be obvious right of way over track)
  • easement must render use of land more convenient
  • quasi-easement will become an easement
33
Q

What does s62 LPA cover?

A

New easements - tenants acquire easements over landlords land

34
Q

What two requirements must be met for a new easement to arise under S62?

A

Permission given to occupier to use easement

Must be a conveyance which is the transfer of legal title to occupier

35
Q

Successful case of s62 LPA (diversity of occupation)

A

wright v Macadam

Tenant secured rights to storage in a garden shed

36
Q

Requirements of easement under wood v Warrington with no diversity of ownership

A
  • the right is continuous and apparent (obvious right of way)
  • use must benefit the land
37
Q

What is presumed grant or prescription

A

If a person can prove they’ve effectively had an easement for a period of 20 years or more, then they are entitled to that easement

38
Q

What criteria must be met for a prescription to occur

A

1) must be a continuous user
2) used for 20 years or more
3) must be a fee simple (one freehold against one freehold)
4) easement must have been exercised without force (removed fence time create path) /secrecy/ permission

39
Q

Case example where easement wasn’t awarded by prescription

A

Winter burn v Bennett

Removed ‘private parking’ sign

40
Q

3 methods of prescription.

A
  • won’t be awarded if def can prove that any time since 1189 an easement didn’t exist
  • if used more than 20 years court will presume deeds to the easement were lost
  • under prescription act 1832 if 40 years of use then cannot be made void
41
Q

What does the Doctrine of Lose Modern Grant allow

A

An easement to be claimed for 20 year period

42
Q

Difference between prescription Act 1832 and Doctrine of Lost Modern Grant

A

PA 1832 - 20 year user easement must have run immediately preceding the action

Doctrine of Lost Modern Grant - can be 20 year any period

43
Q

What is reservation of easement

A

Land owner sells part of land but retains right to use the easement

44
Q

What is profits à Prendre

A

Right to enter the land of another person and take part of produce of soil

45
Q

How can easements be terminated

A

By statute

By release (abandoned rights)

Unity of ownership / possessions (someone buys both properties!)

46
Q

How will an implied legal easement by grant or reservation be protected?

A

Not in the register, will show as an interest which override registered dispositions

Land Law (14 decks)

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