Easements Flashcards
Definition of an easement
Property rights annexed to land - incorporeal hereditaments, whereby one landowner enjoys rights over the land of a neighbour
What 3 stage process do you need to identify an easement
- is it capable of being an easement. 2. Has it been acquired as of right. 3. What’s the effect on third parties
What case shows whether something’s capable of being an easement
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
What case shows that the dom and serv tenements must be identifiable at the time of grant
London & Blenheim estates - dominant land was not sufficiently identified
When was a right a licence only because it benefited the owner, not the land
Hill v Tupper - pleasure oats on a canal
When was an advert on a neighbouring property an easement because it benefited the land
Moody v Steggles - land was a purpose-built pub
When was an easement only for the identified dominant tenement, not for land lying beyond
Peacock v Custin
What does “must lie in grant” mean
Grantor and grantee must have legal capacity (an estate in land). Must be defined and definable (subject matter sufficiently clear)
View not capable of being the subject matter of a grant
William Alfred’s case
TV signal not capable of constituting an easement
Hunter v Canary Wharf
Airflow not sufficiently clear subject matter
Bryant v le Fevre
Airflow to a defined aperture IS sufficiently capable of being a grant
Cable v Bryant
The right to store coal in a defined area of a shed does not amount to exclusive possession
Wright v Macadam
Storage in a neighbour’s cellar woudl amount to exclusive possession - easement not recogmised
Grigsby v Melville
Use of a shared loo = easement, not exclusive possession
Miller v Emcer Products
Car parking between 8am and 6pm on an industrial = exclusive possession - no easement
Batchelor v Marlow
Car parking can be an easement subject to 2 provisos
Moncrieff v Jamieson: Necessary for the comfortable use and enjoyment of land and no undue burden for servient owner
An easement can’t oblige the servient landowner to spend money
Jones v Price
Look to the intention of the parties to see whether they meant it to be a licence or an easement
IDC v Clark: Deed referred to the grant of a licence
3 ways that an easement can be acquired
- Express grant/reservation. 2. Implied grant/reserbation. 3. Presumed grant/reservation
Legal requirements for express grant
Deed + Registration
Requirements for equitable grant of an easement
Writing
Ways which an easement can be implied
- Neccessity 2. Common intent 3. Wheeldon v Burrows 4. S62 LPA 1925
When wil an easement be implied for neccessity
Must be absolutely neccessary for the transaction to work at all
A case where an easement wasn’t implied for neccessity/access
Nickerson v Barraclough
An implied reservation is not allowed merely to overcome inconvenience
Re Dodd - implied RESERVATION v difficult to make out
When will an easement be implied for common intention
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
A case where an easement was implied for common intention
Wong v Beaumont - both knew purpose was a restaurant, implied easement for ventilation
When will a court imply an easement under the rule in Wheeldon v Burrows
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
Express grant of a lesser easement does not prevent a larger easement being granted under Wheeldon v Burrows
Millman v Elliss
When will an easement be implied under S62 LPA 1925
Where there is prior diversity of occupation. Turns a licence into an easement. Creates LEGAL easements only.
Example of a rigjht being converted to an easement upon renewal of lease
Wright v Macadam (coal in shed)
Case where a licence to use the front door during negotiations was converted to an easement upon crystallisation of teh lease
Goldberg v Edwards
What case confused the boundaries between Wheeldon v Burrows and S62 and how
Platt v Crouch: Easement allowed where continuous & apparent (WvB) and no prior diversity (WvB) BUT it was a personal right (S62)
What act should you not forget as an alternative when answering an easements quiestion
Access to Neighbouring Land Act 1992
