Easements

Question 1

What is the test for a right capable of being an easement?

Answer 1

Criteria from Re Ellenborough Park must be satisfied:
1. There must be a dominant and servient tenement
2. The right must accommodate the dominant tenement
3. There must be diversity of ownership
4. The right must lie in grant

Question 2

If in order to exercise a right permission must be granted, can it be an easement?

Answer 2

NO - if to exercise a right permission is required every time, the right is incapable of being an easement

Question 3

When will a pre-1926 equitable easement over unregistered land be binding?

Answer 3

If the doctrine of notice applies - if the purchaser is a bona fide purchaser for value without notice of the right, then it is not binding on them