Easements Flashcards
what is an easement?
a right over one piece of land for the benefit of another piece of land- usually neighbouring
what is the recipe for an easement?- give case too
Re Ellenborough Case 1956:
-D and S tenement
-D and S owned by different people
-Must benefit D tenement
-‘subject matter of a grant’
must benefit D tenement
Hill v Tupper [1863]- not a personal commercial advantage
diversity of ownership
Roe v Siddons [1888]- you can’t have an easement with yourself
list circumstances in which a right may not amount to an easement- links to 4th requirement in Re Ellenborough Park
- ousting the servient tenement- Copeland 1952; Batchelor 2003; De la Cuona [2017]
-require the expenditure of money- Redmon; Regency Villas;
-be too vague- Chaffe v Kingsley [2000]
what may be an exception for the expenditure rule
fencing- crow v wood
what are the ways of acquiring an easement
-express; implied; prescription
implied grant can be done in 4 different ways
-necessity, common intention, s.62, wheeler v burrows
necessity- case
Pryce 1966-essential not merely desirable
common intention-case
Donovan 2014
Why may be case of Regency Villas be important?
government policies for high density homes may lead to a shortfall in private amenity spaces, so recreational easements will be important
the discharge and removal of these easements might be reform- s.84
Right of drainage is a recognised easement- case law
Attwood [2001]
Right of support is a recognised easement- case law
Jones v Pritchard [1908]- although not obliged to maintain things like roofs and walls
case law on parking and storage easements to contrast
Wright v Macadam [1947]- coal in shed- allowed
Batchelor v Marlow- not allowed due to exclusivity of occupation
storage easement test- reasonable use
London & Bleinham Ltd v Ladbroke Parks [1992]
what is a profit a prendre?
right to take something belonging to another land
what’s a difference between easements and profits?
easements cannot exist in gross (not be attached to land)
What is the statutory magic found in s.62?
it can turn existing rights into legal easements after a conveyance takes place
Wood v Warrington
diversity of occupation is not necessary for the operation of s.62
How does the rule in Wheeler v Burrows differ from s.62?
although the test in w v b is more demanding it still may be used when there is no conveyance (which is a requirement for s.62)
what is a quasi-easement?
a right one hand with themselves- walked over plot A to get to Plot B- both occupied by person 1
What are the 3 ways in which prescription can operate?
-common law
- lost modern grant
- prescription act 1832
prescription- the requirements- ‘as of right’
nec vi- without force
nec clam- without secrecy
nec precario-without permission
possession and control test
Moncrieff v Jamieson [2007]
