Easements

Question 1

Rare occasion- easement by implication

Answer 1

Common intention
Principle -one cannot derogate from a grant
Rule in wheeldon v Burrows
Easement by application of s6 conveyancing act 1881
Easement by necessity

Question 2

Defintion

Proprietary right

Positive and negative easement

Answer 2

Proprietary right- over one piece of land (servient tenement),

For the benefit of another piece of land (dominant tenement)

Whereby dominant owner- acquires right- to use kind of servient owner

• either by using land himself (positive easement)

OR by

• requiring servient owner - to not use land in a certain way himself (negative easement)

Question 3

Dominant land

Answer 3

Land which is benefitted by easement

Servient land; land which is subject to easement

Question 4

Characteristics of easements

Answer 4

1) dominant and servient tenement - because- easements are incorporated hereditament

2) d + s tenements MUST NOT- be owned OR occupied by same person

3) Easement- MUST BENEFIT- dominant tenement

4) RIGHT- MUST BE - capable of forming- subject matter of a grant

Question 5

Section 33

Answer 5

Dominant land :

Question 6

Non derogation- cannot derogate from grant

Answer 6

O Connell v o malley

Landlocked lane for sale
Vendor changed his mind

O’Connell got court order to enforce contract
O’Malley - placed vehicles on roadway— and built a wall to deny access

Held- o malley could not derogate from his grant

Right of way created

Question 7

Easement by necessity ( part of easement by implication )

Answer 7

Hennessy v An Bord Pleanala

Necessity- implied right

Invoked on 4 possible grounds

Necessity
Common intention
Non derogation from grant
S40 (2) LCLRA 2009

Question 8

Easement by application of - rule in wheeldon v burrows

Answer 8

Quasi easements - one peace if land sold

One piece retained

One piece …

Question 9

Hennessy v An Bord Pleanala

Answer 9

Implied right — may be invoked on 4 possible grounds

1) Necessity
2)Common intention
3) Non derogation from grant
4) S40(2) LCLRA 2009

Question 10

Easement by estoppel

Answer 10

Walsh v Walsh

Servient owner estopped

By representations made to it and angeagement with owners of development site

Upon which they acted to their detriment

Question 11

Right to light

Answer 11

Right to receive light through defined apertures in buildings

Section 3 of prescription (Ireland) act 1858

Discharge of easements

By statute
Operation of law
Release by dominant owner