Easements Flashcards

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1
Q

What are the four essential characteristics of an easement?

A
  1. Dominant and servient tenement
  2. The easement must accommodate the dominant tenement
  3. The dominant and servient tenenments are owned by different people
  4. The right must be capable of forming the subject matter of a grant.

Re Ellenborough Park

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2
Q

What does “the easement must accommodate the dominant tenement mean?” (Re Ellenborough)

A

There must be a connection between the right and the normal enjoyment of the property

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3
Q

The right will be incapable of forming the subject of a grant if it is too wide or vague. Which case?

A

Copeland v Greenhalf

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4
Q

The right to light is not too vague if it concerns the right to light through an aperture (IE a window). Which case?

A

Colls v Home & Colonial Stores

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5
Q

Easements may be created expressly in which way?

A

By deed, as per s52 of the Law of Property Act 1925

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6
Q

If an easement is expressly created by deed and it is legal, how will it be registered?

A

As a registrable disposition.

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7
Q

There is no right to a view or TV reception. Which case?

A

Hunter v Canary Wharf

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8
Q

Aside from expressly, what are the two ways in which easements may be created?

A
  1. Impliedly created

2. Created by prescription

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9
Q

What are the threeways easements can be impliedly created?

A
  1. By necessity or common intention
  2. By the rule in Wheeldon v Burrows
  3. By the magic rule in s62 LPA 1925
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10
Q

Where an easement is necessary to enjoy the property it will be deemed to be in the common intention of both parties when a sale of part occurs. Which case?

A

Wong v Beaument Property Trust

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11
Q

If the easement cannot be found to have been created by necessity- what are the four conditions for Wheeldon v Burrows to apply and create the easement?

A
  1. The easement has been the subject of continuous use.
  2. The use has been apparent
  3. The use is necessary for the reasonable enjoyment of the land.
  4. The easement was used as a quasi easement by the seller of the part of the land being sold.
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12
Q

Section 62 Law of Property Act 1925 implies words into a conveyance where the land has been sold since the easement was created. True or false?

A

True

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13
Q

In what case was it found that where a piece of land with a license is conveyed, an easement can be created by using s62 of the Law of Property Act 1925 in favour of the buyer of part?

A

Wright v Macadam

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14
Q

Which of the implied ways of creating an easement may benefit a seller?

A

Strict necessity/common intention

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15
Q

What are the five conditions necessary for an easement by prescription?

A
  1. A right granted unchallenged.
  2. A right which is exercised openly
  3. A right which is not premised on permission
  4. Between fee simple absolute owners
  5. Continuous for the requisite amount of time
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16
Q

How may the conditions for common law prescription be expressed in Latin?

A

Nec vi, nec clam, nec precari

17
Q

What is the requisite amount of time at common law?

A
  1. Time immemorial (year 1189), or
  2. If the easement has been used for twenty years there will be a rebuttable presumption that it has been granted since time immemorial.
18
Q

An easement in Northumbria cannot accommodate land in Kent. Byles J in which case?

A

Bailey v Stephens

19
Q

A a right to light, although negative, is clearly

within the established rights recognised as easements. Which case?

A

Allen v Greenwood