Easements Flashcards
What is an easement?
A right over one piece of land for the benefit of another piece of land
A proprietary interest that has legal capacity (s.1(2) LPA 1925) where created appropriately
What are the four requirements for an easement and what is the authority for this?
Re Ellenborough Park [1956]:
- There must be a dominant and servient tenement
- The right must accommodate the dominant tenement
- The owners of the two tenements must be different people
- The right claimed must be capable of being the subject matter of a grant
What does it mean for the right to be capable of forming the subject matter of a grant and why is it important?
It means that it must be capable of being granted by deed. Important since easement is right capable of existing at law.
Which land gets the benefit of an easement?
The dominant tenement
Which land is burdened by an easement?
The servient tenement
Which case established that the DT and ST must be defined at the time of acquisition of an easement and that easements over land that could be owned in the future are not valid?
London and Blenheim Estates Ltd v Ladbroke Retail Parks Ltd [1994]
Why does there need to be a DT and a ST for an easement?
Because easements cannot exist in gross - they must attach to land because easements are for the benefit of the land
What does it mean to say that the right must accommodate the DT?
The right must make the land a better and more convenient property
What was held in the case of Moody v Steggles [1879]?
Advertising a pub’s location on neighbouring land was accepted as an easement. It benefitted the land, as the business use had become the normal use of the land.
What did the case of Hill v Tupper (1863) establish?
The right to set up a commercial monopoly of putting boats on the canal was rejected as an easement.
What did the case of Platt v Crouch [2003] hold?
An easement to moor boats was allowed. The benefit of the easement was held to attach to the business/land (hotel)
Why is there a distinction between the ruling of Moody v Steggles [1879] and Hill v Tupper (1863) concerning the benefit to the land?
In Hill the commercial advantage to exclusively put boats on the canal would have been useful and valuable without owning the adjacent land, but in Moody the advertisement benefitted the land as using it as a pub had become the normal use of the land.
Which case is authority for the fact that you cannot have an easement over your own land?
Roe v Siddons (1888)
Why do the owners of the DT and ST have to be two different people?
Because you cannot have an easement over your own land - this amounts to a quasi easement.
What are the three sub-requirements for the fact that an easement right must be capable of forming the subject matter of a grant?
- There must be a capable grantor and capable grantee
- The right must be sufficiently definite
- The right claimed must be in the general nature of recognised easements
If you have a licence can you grant an easement? If you have a term of years how long can you grant an easement for?
No.
No longer than the length of your lease.
Which case established that rights which require subjective intention may be deemed too uncertain to be an easement? What did the case concern?
William Aldred’s case (1610)
Concerned a scenic view
Which case established that there is no general right to air and that rights of light, water, air, passage etc should be through defined channels?
Harris v De Pinna (1886)
Which case held that there is no right to receive television signal as an easement?
Hunter v Canary Wharf [1997]
In which case was the court unwilling to recognise new negative easements beyond the two already accepted?
Re Ellenborough Park [1956]
What are the two negative easements that the courts have already recognised?
Right to light - enshrined in statute and common law
Right to structural support from adjoining buildings
What happened in Phipps v Pears [1956]?
The right to have protection from weathering from neighbouring property (where external wall not connected) was rejected.
Even when the right satisfies the four Re Ellenborough Park [1956] requirements, it may still be rejected as an easement if it:
(A) requires expenditure by the servient owner
(B) is too extensive
Which case is authority for the fact that an easement cannot require positive action or expenditure from the servient owner? What did the case concern?
Rance v Elvin (1985)
No easement to install and provide a water supply, but would be permissible easement if water was already supplied.
Which case & situation is the exception to the rule that an easement cannot require positive action or expenditure from the servient owner?
Crow v Wood [1971]
Where the owner of the ST grants an easement to someone who keeps livestock, the owner of the ST has the duty to maintain fences and walls.
Which case established that easements must not leave the servient owner without any reasonable use of the land - the “ouster principle”? What did the case concern and what are the memorable quotes?
Copeland v Greenhalf [1952]
Concerned storing vehicles on strip of land.
Upjohn, J - ‘virtually a claim to exclusive possession’ ‘claiming the whole beneficial user’
What happened in Batchelor v Marlow [2001] and what did the court hold?
Use of verge for parking during daytime hours.
CA held no easement as owner left with no reasonable use of the verge.
What happened in Wright v McAdam [1949] and what did the court hold?
Storing of coal in shed held to be valid easement. Reasoning based on the fact that small proportion of ST/shed used for storage.