Easements

Question 0

1. Capable of being an easement - (2)

Answer 0

Diversity of ownership

Question 1

1. Capable of being an easement - (1)

Answer 1

Identifiable DT and ST

Question 2

1. Capable of being an easement - (3)

Answer 2

Accommodate the DT

Hill v Tupper : use of canal benefitted the owner, not the DT
Moody v Steggles : sign pointing to pub did benefit the DT

Question 3

1. Capable of being an easement - (4)

Answer 3

Right must lie in grant

1) Easement must be defined and definable
- Hunter v Canary Wharf : right to TV reception too vague
- Cable v Bryant : right to airflow through specific objection was sufficiently certain

2) No full exclusive possession
- Wright v McAdams : use of part of shed was not exclusive
- Grigsby v Melville : right to store indefinite items was exclusive
- car parking cases
Batches or v Marlow : effective exclusive
Hair v Gillman : parking one vehicle in space for 4
Montcrieff v Jamieson : park temp to offload allowed
Miller v Emcer Products : office block toilets

3) No expenditure by the ST
- Exception : landlord maintaining common areas, Liverpool City Council v Irwin

4) Intention to create an easement

Question 4

1. Capable of being an easement - limits if negative easements

Answer 4

Negative easements not generally allowed

Exceptions

• right to light
• right to physical support of building
• right to free airflow through defined channel, Cable v Bryant
• right to free flow of water through adjoining land

Question 5

2. Has it been acquired as an easement? - express easements

Answer 5

Legal easement - deed and registration

Equitable easement - writing
Registration as notice

Question 6

2. Has it been acquired as an easement? - implied easements

Answer 6

Necessity
- very high threshold, Manjang v Drammeh

Common intention

• (1) Some CI as to some particular use of the land
• (2) easement necessary for that CI
• Wong v Beaumont Property Trust

Rule in Wheeldon v burrows

• a purchaser will acquire all easement that are :
• (1) continuous and apparent, or in other words
• (2) necessary for the reasonable enjoyment of the property, and
• (3) have been, at the time of the grant, used by the owner for the benefit of the DT

S.62 LPA

• Hair v Gillman : car park
• Wright v McAdam : coal
• Platt v Crouch exception

Question 7

3. Effect on third parties?

Answer 7

Express easements

• legal : Registrable disposition
• equitable : minor interest, Registrable as notice or overriding interest if coupled with actual occupation

Implied easement
- Overriding interest under para 3