Easements

Question 1

What is the rule under s62 of the LPA on creation of easements?

Answer 1

A licence will be converted into an easement if the owner of the land sells that land to the person claiming the right.

Question 2

How should an easement be made?

Answer 2

By deed, signed by the giver of the easement, witnessed by the buyer & a 3rd party

Question 3

What is an easement of common intention

Answer 3

When both parties are aware of an easement necessary to give effect to the sellers use of retained land, easement is implied.

Question 4

When is there a right to light?

Answer 4

A right to light must be via a defined aperture (e.g a window)

Question 5

What is the rule in wheeldon v burrows?

Answer 5

Converts a quasi-easement into an easement when a land owner sells part of their land provided:
(a) the existence of a quasi-easement prior to the sale;
(b) the right must be continuous and apparent;
(c) the right must be necessary to the reasonable enjoyment of the land sold; and
(d) the right must be in use at the time of the sale