Easements

Question 1

Definition of an easement

Answer 1

Property rights annexed to land - incorporeal hereditaments, whereby one landowner enjoys rights over the land of a neighbour

Question 2

What 3 stage process do you need to identify an easement

Answer 2

1. is it capable of being an easement. 2. Has it been acquired as of right. 3. What’s the effect on third parties

Question 3

What case shows whether something’s capable of being an easement

Answer 3

Ellenborough Park: 1. There must be a dominant and servient tenement at the time of the grant. 2. There must be different owners. 3. The easement must accomodate the servient land (not just the owner). 4. Must lie in grant

Question 4

What case shows that the dom and serv tenements must be identifiable at the time of grant

Answer 4

London & Blenheim estates - dominant land was not sufficiently identified

Question 5

When was a right a licence only because it benefited the owner, not the land

Answer 5

Hill v Tupper - pleasure oats on a canal

Question 6

When was an advert on a neighbouring property an easement because it benefited the land

Answer 6

Moody v Steggles - land was a purpose-built pub

Question 7

When was an easement only for the identified dominant tenement, not for land lying beyond

Answer 7

Peacock v Custin

Question 8

What does “must lie in grant” mean

Answer 8

Grantor and grantee must have legal capacity (an estate in land). Must be defined and definable (subject matter sufficiently clear)

Question 9

View not capable of being the subject matter of a grant

Answer 9

William Alfred’s case

Question 10

TV signal not capable of constituting an easement

Answer 10

Hunter v Canary Wharf

Question 11

Airflow not sufficiently clear subject matter

Answer 11

Bryant v le Fevre

Question 12

Airflow to a defined aperture IS sufficiently capable of being a grant

Answer 12

Cable v Bryant

Question 13

The right to store coal in a defined area of a shed does not amount to exclusive possession

Answer 13

Wright v Macadam

Question 14

Storage in a neighbour’s cellar woudl amount to exclusive possession - easement not recogmised

Answer 14

Grigsby v Melville

Question 15

Use of a shared loo = easement, not exclusive possession

Answer 15

Miller v Emcer Products

Question 16

Car parking between 8am and 6pm on an industrial = exclusive possession - no easement

Answer 16

Batchelor v Marlow

Question 17

Car parking can be an easement subject to 2 provisos

Answer 17

Moncrieff v Jamieson: Necessary for the comfortable use and enjoyment of land and no undue burden for servient owner

Question 18

An easement can’t oblige the servient landowner to spend money

Answer 18

Jones v Price

Question 19

Look to the intention of the parties to see whether they meant it to be a licence or an easement

Answer 19

IDC v Clark: Deed referred to the grant of a licence

Question 20

3 ways that an easement can be acquired

Answer 20

1. Express grant/reservation. 2. Implied grant/reserbation. 3. Presumed grant/reservation

Question 21

Legal requirements for express grant

Answer 21

Deed + Registration

Question 22

Requirements for equitable grant of an easement

Answer 22

Writing

Question 23

Ways which an easement can be implied

Answer 23

1. Neccessity 2. Common intent 3. Wheeldon v Burrows 4. S62 LPA 1925

Question 24

When wil an easement be implied for neccessity

Answer 24

Must be absolutely neccessary for the transaction to work at all

Question 25

A case where an easement wasn’t implied for neccessity/access

Answer 25

Nickerson v Barraclough

Question 26

An implied reservation is not allowed merely to overcome inconvenience

Answer 26

Re Dodd - implied RESERVATION v difficult to make out

Question 27

When will an easement be implied for common intention

Answer 27

Where both parties had a common intention as to the use of the land and an easement is required to give effect top that intention

Question 28

A case where an easement was implied for common intention

Answer 28

Wong v Beaumont - both knew purpose was a restaurant, implied easement for ventilation

Question 29

When will a court imply an easement under the rule in Wheeldon v Burrows

Answer 29

ON FIRST SPLIT where 1. continuous and apparent (eg a well worn path) AND/OR 2. neccessary for the enjoyment of the land (eg a sewer) PLUS 3. previously used by the owners entirely for the benefit of the land granted

Question 30

Express grant of a lesser easement does not prevent a larger easement being granted under Wheeldon v Burrows

Answer 30

Millman v Elliss

Question 31

When will an easement be implied under S62 LPA 1925

Answer 31

Where there is prior diversity of occupation. Turns a licence into an easement. Creates LEGAL easements only.

Question 32

Example of a rigjht being converted to an easement upon renewal of lease

Answer 32

Wright v Macadam (coal in shed)

Question 33

Case where a licence to use the front door during negotiations was converted to an easement upon crystallisation of teh lease

Answer 33

Goldberg v Edwards

Question 34

What case confused the boundaries between Wheeldon v Burrows and S62 and how

Answer 34

Platt v Crouch: Easement allowed where continuous & apparent (WvB) and no prior diversity (WvB) BUT it was a personal right (S62)

Question 35

What act should you not forget as an alternative when answering an easements quiestion

Answer 35

Access to Neighbouring Land Act 1992