Easements Flashcards
(10 cards)
What is an easement?
A right allowing one party to use a portion of another party’s land for a specific purpose.
What does “use as of right” mean?
It means using the benefit without seeking permission or making any payments.
How can an easement be created by prescription?
A party must show unchallenged use for over 20 years and that the use was ‘as of right.’
What is common law prescription?
If an easement has been used ‘from time immemorial,’ there is a rebuttable presumption of immemorial use after 20 years of unchallenged use.
What is a lost modern grant?
The court will treat an easement as if there was once a grant if the claimant can show actual enjoyment for 20 years.
What does the Prescription Act 1832 provide?
It provides a statutory means for acquiring an easement based on either 20 or 40 years of use, with specific provisions.
What must happen for a legal easement over registered land?
It must be registered with the HM Land Registry (HMLR) to take effect.
How is the benefit of an easement recorded?
It appears as a notice on the property register of the dominant tenement.
Where is the burden of the easement recorded?
It appears as a notice on the charges register of the servient tenement.
Why must easements created by prescription be registered?
They must be registered because they are considered a legal interest.
