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Land Law > Easements > Flashcards

Easements Flashcards

1
Q

London & Blenheim Estates Ltd

A

Must be two separate and identifiable pieces of land, grantor and grantee must both own interests in land at the time of the grant

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2
Q

Hawkins v Rutter

A

An easement cannot exist in “gross” but must be attached to the land

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3
Q

Hill v Tupper

A

Personal benefit (license) of not landing canal boats does not accommodate a dominant tenement

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4
Q

Moody v Steggles

A

Right to hang a sign on a pub on an adjoining house was held to be an easement as it had been there for over 200 years and was inextricably linked

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5
Q

Wong v Beaumont Property Trust

A

Ventilation duct for a restaurant, capable of constituting an easement as it constituted to the dominant tenement as a restaurant.

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6
Q

Mounsey v Ismay

A

Annual horse race, LJ Martin the right must be of utility and benefit, not recreation and amusement

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7
Q

Kennerley v Beech

A

Right to a path ending in the middle of a garden did not confer an actual benefit

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8
Q

International Tea Stores v Hobbs

A

Landlord allowed tenant a short cut across his land as a license. Then sold the premises to the tenant which took effect as a legal easement.

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9
Q

Bailey v Stephens

A

“You cannot have a right of way over land in Kent due to an estate in Northumberland”

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10
Q

Re Ellenborough Park

A

Houses being built nearby to a park was held not to be fatal to the creation of an easement

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11
Q

Chaffe v Kingsley

A

Right of way where the land is not clearly defined cannot be an easement

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12
Q

William Aldred’s case

A

Cannot have an easement for a view

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13
Q

Browne v Flower

A

Cannot have an easement to privacy

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14
Q

Dyce v Hay 1852

A

“The category of servitudes and easements must alter and expand with the changes that take place in the circumstances of mankind.” Lord St Leondards

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15
Q

Hunter v Canary Wharf Ltd

A

Cannot claim an easement to a TV reception. Lord Hoffman “no such easement can arise. Better way is a restrictive covenant as this restricts an owners freedom.

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16
Q

Phipps v Pears

A

Courts rejection of negative easements. Lord Denning held protection of a wall from the weather was too restrictive. Law Commission has questioned this.

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17
Q

No right to wander (2 cases)

A

Borman v Griffith

International Tea Stores v Hobbs

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18
Q

Right to use facilities

Chaffe v Kingsley

A

Must be within the general nature of rights constituting easements

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19
Q

Rights of support but not shelter (2 cases)

A

Dalton v Angus & Co

Phipps v Pears

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20
Q

Rights to light, air, water, drainage and other services through DEFINED APERTURES

A

Wong v Beaumont Property Trust Ltd

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21
Q

Levet v Gas Light & Coke Co

A

Has to be through defined aperture such as windows, french doors, etc

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22
Q

Colls v Home & Colonial Stored Ltd

A

Entitled to the amount sufficient for comfortable use and enjoyment according to the ordinary notions of mankind, does not alter for professions

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23
Q

Earl Putnam v MacDonald

A

No claim to light in a garden through not being through aperture

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24
Q

Allen v Greenwood

A

The standard varies on the type of building at the time it was acquired

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25
Carr-Saunders v Dick McNeil
Correct question is how much light is left?
26
Regis Property Co Ltd v Redman
A servient landowner cannot generally be under any obligation to maintain his land for the benefit of the dominant tenement but cannot act in a way to deliberately defeat the easement.
27
Bond v Nottingham Corporation
Owner of a servant tenement is not entitled to remove support without providing an equivalent
28
Green v Ascho Horticultural Ltd
As he always moved his van when asked to do so this was not an easement
29
Trustees Ltd v Papakyriacou
As restrictions were not put in the original agreement they could not later apply
30
Grigsby v Melville
As a cellar could only be used by the dominant tenement this was held to be exclusive
31
Miller v Emcer Products
Rights to use a toilet was capable of being an easement despite excluding others
32
Wright v Macadam
Coal shed did not amount to exclusive possession as the new owner had a legal easement to use the store
33
Copeland v Greenhalf
EXCLUSIVE POSSESSION TEST - cannot have an easement or a right to park
34
London & Blenheim Estates Ltd
PROPORTION TEST distinguished Copeland, proportion of use left for the owner
35
Batchelor v Marlow
REASONABLE USE TEST not proportion but whether there was excessive use, parking space could therefore not be an easement
36
Montcrieff v Jamieson
CONTROL AND POSSESSION TEST
37
Waterman v Boyle
Wanted more than two car parking spaces for visitors, two was held to be reasonable
38
Wood v Leadbitter
Equitable easement must have a valid written contract (s2 LP(MP) A 1989) if not then a personal license
39
Necessity for Grants
Seller is under a duty to give full effect to the purchaser's wishes, has to grant easements necessary for the enjoyment of the land. Only granted if completely unusable.
40
Union Lighterage Co v London Graving Dock Co
Easement of necessity means property cannot be used at all
41
Pryce v McGuinness
Highly advantageous does not mean the same as necessity
42
MRA Engineering v Trimester Co
Despite only having access by foot, not enough for necessity
43
Pwllbach Colliery Co v Woodman
Necessary for the enjoyment of a right already granted and necessary to give effect to the common intention as to the purposes the land was granted provided the subject is used in a definite manner
44
Stafford v Lee
Easements for future use may be allowed if they were known to the servient owner at the time of the transfer
45
Donovan v Rana
Easement was necessary for the intended purpose of the dwelling
46
Peckham v Ellison
Common intention right of way
47
Swansborough v Coventry
Should a landowner split his plot into two and sell both parts, each transferee will acquire an easement and quasi-easement exercised prior to the transfer for the benefit of the land they now own
48
Wheeldon v Burrows
Cannot retain an easement of light once land was sold. Four criteria! 1. Continuous and apparent 2. Necessary for reasonable enjoyment of property 3. Used by the owner for the entirety for the benefit of the part granted 4?
49
Borman v Griffiths
Grant of an easement over a plainly visible road, fence without a gate showed no common intention for access to be granted
50
Ward v Kirkland
Right to go onto retained land to repair a wall was not implied as it was not continuous or apparent
51
Wheeler v JJ Saunders Ltd
Secondary access way not deemed necessary due to already existing access
52
Millman v Ellis
The lane and layby were continuous and apparent
53
Kent v Kavanagh
In use at the time the land is sold by the person selling the grant. Does not apply to implied reservations but implied grants.
54
An equitable easement may arise where there is...
A contract to convey part of the land s2 LP(MP) A 1989
55
REFORM for Quasi-Easements
Single statutory test "necessary for reasonable use"
56
Section 62 LPA 1925
Transfer any benefit the land had when sold without the need to put it in a transfer document. Converts equitable easements and licenses into legal, and quasi-easements into legal.
57
Graham v Philcox
s62 may operate to convert right previously in actual use into an easement even though that right was used by the owner of a lesser estate than conveyed
58
Wright v Macadam
Under an original lease a tenant had a license to use a coal store, a new lease was granted when this one ended (under 62) and tenant was held to have a legal easement
59
International Tea Stores v Hobbs
Tenant of a house had a license to cross the yard of the landlords neighbouring property. When the tenant bought the freehold, license was converted to a legal easement
60
Sovnots Investments Ltd v SOS for the environment
Diversity of occupation is necessary
61
Payne v Inwood
Followed Sovnots Investments
62
Broomfield v Williams
Diversity is not necessary for a right to light
63
P & S Platt Ltd v Crouch
Prior diversity is not necessary if continuous and apparent
64
Wood v Waddington
No reason why s62 cannot operate where there is no diversity of occupation as long as the right was previously enjoyed with C's land
65
Alford v Hannaford
Diversity is not necessary if continuous and apparent, s62 may operate in favour of the purchaser without showing reasonable enjoyment
66
Mills v Silver
Acquisition of an easement by prescription requires a lawful history of continuous user in a fee simple as of right in which the servant owner has with the requisite degree of knowledge, acquiesced.
67
Common law prescription
if you have used the right for 20 years it is presumed you have used it since "time immemorial" 6th July 1189, can be rebutted
68
Prescription by Lost Modern Grant
Pretends you were expressly granted the easement in modern times but it has been lost. Must have been exercised for 20 years!
69
Prescription by Statute (Prescription Act 1832)
s2- easements other than rights to light, must be without consent or interruption. If 20 years will not be defeated by proof it began after 1189, if 40 cannot be defeated. s4 the 20 years must be "next before some suit or action" any interruption will be ignored so long as it is less than one year s3 easements of light, 20 years without interruption deemed absolute
70
Passing of the burden, which sections apply?
s28 and s29
71
Which easements are overriding? Schedule 3(3) LRA 2002
1. Express legal easements before 13th October 2003 2. All legal easements arising by implication, statute or prescription before or after 13th October. 3. Express on or after 13th October are registrable under s27, if not then equitable
72
In order for an easement to be overriding what must it be?
Within the actual knowledge of the dispose of the servant land, obvious upon a reasonably careful inspection or used by the owner of the dominant land in the past year
73
How can they be extinguished?
Express release or variation, implied release (abandonment) or variation, unification, obsolescence
74
Unification
If a title of possession is unified, there is no serving tenement so the easement is extinguished. If there are 2 pieces of land, one with a benefit and one with a burden the easement is extinguished.
75
Law Commission Unification
Should be able to subsist even if owned by the same
76
Obsolescence
The easement is no longer necessary
77
Law Commission Obsolescence
Due to the complex issues around implied release, should be lost if not used for 20 years. Anti-prescription act

Land Law (6 decks)

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