Easements

Question 1

What is an easement?

Answer 1

a right annexed to land to utilise other land of different ownership in a particular manner or to prevent the owner of the other land from utilising his land in a particular manner

Question 2

Express grants?

Answer 2

LPA S1(2)

Question 3

Implied grant case?

Answer 3

Wheeldon v Burrows - there may be implied in favour of the grantee those rights in the nature of easements which are continuous and apparent and necessary to the reasonable enjoyment of the property

Question 4

What are the types of prescription?

Answer 4

common law, lost modern grant, prescription act 1932 - all require at least 20 years’ use

Question 5

What is common law prescriptions?

Answer 5

where an easement has been enjoyed since time immemorial (20 years will suffice), will be defeated if proof of common ownership of the dominant and servient land at any time after is fatal (Duke of Norfolk v Arbuthnot)

Question 6

What is lost modern grant?

Answer 6

continuous use for 20 years, can be any 20-year period

Question 7

What are the extinguishments of easements?

Answer 7

express release by deed, unification of the tenement, radical change in the nature of the dominant land, abandonment