Easements

Question 1

What is an easement?

Answer 1

A legal right to use another’s land for a specific purpose (e.g., right of way).

Question 2

How are easements created?

Answer 2

✅ Express grant – Created in a deed.
✅ Implied grant – Common intention or necessity.
- Rule in Wheeldon v Burrows – Converts pre-existing informal rights (quasi-easements) into legal easements when land is sold, if they are continuous, apparent, and necessary.

• Section 62 LPA 1925 – Automatically passes existing rights and easements with the land when it is transferred, even if they are not mentioned in the deed.
  ✅ Prescription – Continuous use for 20+ years