Easements

Question 1

what is an easement?

Answer 1

a right over one piece of land for the benefit of another piece of land- usually neighbouring

Question 2

what is the recipe for an easement?- give case too

Answer 2

Re Ellenborough Case 1956:
-D and S tenement
-D and S owned by different people
-Must benefit D tenement
-‘subject matter of a grant’

Question 3

must benefit D tenement

Answer 3

Hill v Tupper [1863]- not a personal commercial advantage

Question 4

diversity of ownership

Answer 4

Roe v Siddons [1888]- you can’t have an easement with yourself

Question 5

list circumstances in which a right may not amount to an easement- links to 4th requirement in Re Ellenborough Park

Answer 5

• 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]

Question 6

what may be an exception for the expenditure rule

Answer 6

fencing- crow v wood

Question 7

what are the ways of acquiring an easement

Answer 7

-express; implied; prescription

Question 8

implied grant can be done in 4 different ways

Answer 8

-necessity, common intention, s.62, wheeler v burrows

Question 9

necessity- case

Answer 9

Pryce 1966-essential not merely desirable

Question 10

common intention-case

Answer 10

Donovan 2014

Question 11

Why may be case of Regency Villas be important?

Answer 11

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

Question 12

Right of drainage is a recognised easement- case law

Answer 12

Attwood [2001]

Question 13

Right of support is a recognised easement- case law

Answer 13

Jones v Pritchard [1908]- although not obliged to maintain things like roofs and walls

Question 14

case law on parking and storage easements to contrast

Answer 14

Wright v Macadam [1947]- coal in shed- allowed
Batchelor v Marlow- not allowed due to exclusivity of occupation

Question 15

storage easement test- reasonable use

Answer 15

London & Bleinham Ltd v Ladbroke Parks [1992]

Question 16

what is a profit a prendre?

Answer 16

right to take something belonging to another land

Question 17

what’s a difference between easements and profits?

Answer 17

easements cannot exist in gross (not be attached to land)

Question 18

What is the statutory magic found in s.62?

Answer 18

it can turn existing rights into legal easements after a conveyance takes place

Question 19

Wood v Warrington

Answer 19

diversity of occupation is not necessary for the operation of s.62

Question 20

How does the rule in Wheeler v Burrows differ from s.62?

Answer 20

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)

Question 21

what is a quasi-easement?

Answer 21

a right one hand with themselves- walked over plot A to get to Plot B- both occupied by person 1

Question 22

What are the 3 ways in which prescription can operate?

Answer 22

-common law
- lost modern grant
- prescription act 1832

Question 23

prescription- the requirements- ‘as of right’

Answer 23

nec vi- without force
nec clam- without secrecy
nec precario-without permission

Question 24

possession and control test

Answer 24

Moncrieff v Jamieson [2007]

Question 25

the existence of an alternative may preclude the existence of an implied necessity easement

Answer 25

Manjang v Drammah [1990]

Question 26

common intention-implied easement

Answer 26

Wong v Beaumont Property Trust Ltd [1965]; Donovan [2014]

Question 27

requirements of the operation of wheeler v burrows rule

Answer 27

-continuous and apparent- Hansford v Jago [1921]- worn tarmac road
-necessary for the reasonable enjoyment of land
-used by the owner- not by his tenant- Kent [2007]
-no contrary intention

Question 28

discussion between s.62 and w v b

Answer 28

Browning v Jack [2021]

Question 29

common law prescription

Answer 29

since 1189

Question 29

lost modern grant

Answer 29

Orme v Lyons- 20 years

Question 29

prescription act 1832

Answer 29

allows for interruptions- Flight v Thomas 1841

Question 30

how do the 20 and the 40 years periods differ?- prescription

Answer 30

where use continues for 40 yrs, the existence of permission will not defeat the claim

Question 31

‘Context is everything’

Answer 31

baroness hale Stack v Dowden

Question 32

What does the case of Churston allude to in terms of easements of fencing?

Answer 32

express grant by deed may allow for such easement

Question 33

Lord Diplock in Jones v Price- comment on fencing easements

Answer 33

f. easements are sui generis (unique)

Question 34

What are potential brakes to the hysterical outcry after Regency Villas case?

Answer 34

-such easement would only arise by express grant
-s.84 is proposed by Law Com to extend to the discharge of easements too
-decision is based on complex factual matrix- rigorous assessment of circumstances

Question 35

Easement to create noise; and what can be the problems

Answer 35

Coventry v Lawrence (2014); intensity and duration -M. Dixon

Question 36

The law can accommodate itself to changing circumstances of society

Answer 36

Dyce v Lady James Hay (1852) per Lord St Leonards