easement

Question 1

postiv easement

Answer 1

right conferred to dominant tenement to do something on the servient tenements land

Question 2

legal easement

Answer 2

easement intrument is registered under lta

Question 3

equtiable easement

Answer 3

unregistered easement, created informally

Question 4

how to identify an easement

Answer 4

1. subjevtive elemnet - parties must have inteneded to create a right of property that is an easement
2. objevtive element- the right must have the objective charesteristics of an easement

Question 5

elements for an easement

Answer 5

re ellenborugh
1. doinanat tenemant and a servient tenemant
2. the right must confer a benefit onto the dominant tenement
3. benefitted and burnded owners must be diffenrt people
4. the right must be capable of forming the subject matter of a grant

Question 6

the right must be capable of forming the subject matter of a grant elemenst

Answer 6

clos faamring - RIGHT CANNOT
1.be vague
2. amount to joint occupation or subtsaintailly depreive owner of servievnet lanjd of legal possession
3. constitute a right of recreation
4. require the servient land to spend any money or undertake an act

Question 7

clos famring

Answer 7

The owners wanted to create a winery by subdividing the land but still manage the entire property as a single vineyard. They planned to use easements to give one lot the right to use all other lots as part of the vineyard. However, this level of subdivision meant the other owners couldn’t do anything on their land except pay bills and taxes. This wasn’t considered a valid easement because easements cannot grant rights that are essentially like joint occupation or that largely take away the owners’ control over their land.