easement

Question 1

what is an easement?

Answer 1

it is a proprietary right to use land which belongs to somebody else. use is more limited than an exclusive right or occupy or use

Question 2

what is the dominant tenement?

Answer 2

person who receives the benefit of the easement is granted and their land, which is benefitted by the easement

Question 3

what is the servient tenement?

Answer 3

person who grants the easement land is the grantor and their land, which is burdened by the easement

Question 4

when is an easement a legal easement? (legal interest)

Question 5

when is an easement an equitable easement? (equitable interest)

Answer 5

if an easement is not granted for the equivalent of a freehold or leasehold estate it can only be equitable

Question 6

what is a grant?

Answer 6

it exists where C (landowner) sells or leases part of C’s land to D, and gives to D an easement over the land which C has retained

Question 7

what is a reservation?

Answer 7

exists where C sells or leases part of C’s land to D, and retains a right over the land sold or leased to D.

Question 8

what is the time frame for when an easement arises by prescription (long use)?

Answer 8

where it has been exercised for at least 20 years uninterrupted enjoyment (this creates a legal lease)
must have been used without force, without secrecy and without permission

Question 9

what type of land owners can an easement be granted to/from?

Answer 9

must be between two freehold owners

Question 10

what are the only 3 recognised negative easements at law?

Answer 10

right to light (no automatic right to light)
right to air
right of support (eg, from dividing wall between semi-detached houses)

Question 11

what term/right confers the holder a right to take something from the land? (eg, fish or minerals)

Answer 11

a profit a prendre

Question 12

what are the 3 stages that massed by passed for a right to be an easement?

Answer 12

• does the right fulfil the requirements set out in re Ellenorough Park?
• is the right prevented from being an easement by a disqualifying factor?
• has the easement been acquired either expressly, impliedly or by prescription?

Question 13

what are the correct formalities to create an easement for an uncertain term (basic equitable interest)?

Answer 13

must be created in writing, signed by grantor only