Easements Flashcards
What is an easement?
A right over someone elses land which does not amount to exclusive possession of that part of the land
Satisfy criteria in Re Ellenborough Park [1956]
4 characteristics in Re Ellenborough Park [1956]
Must be a dominant and a servient tenement
Must accommodate dominant tenement - sufficient proximity
Dominant and Servient must be owned by different people
Must be capable of forming subject matter of a grant
Explain case of Hill v Tupper [1863]
Must benefit land and not land owner personally
Right unconnected with the use and enjoyment of land cannot be an easement
Benefit business and not land - Licence
Explain case of Moody v Steggles [1879]
A benefit to land can include business use if it benefits the land and not the business
Pub advertising sign on wall belonging to a neighbouring house
Case for and against parking easement
Newman v Jones [1982] - rights right to park cannot amount to an easement if related to specific parking space
Moncrieff v Jamieson [2007] - A right to vehicular access may carry with it a right to park if it was necessary for enjoyment of the easement. Didn’t follow Batchelor test of reasonable user.
Case for and against rubbish
Copeland v Greenhalf [1952]- cannot exclude servient from own land
Wright v Macadam [1949] A right of storage can exist as an easement
Methods of acquisition of an easement
Statute
Express - s52 LPA 1925 - by deed
Implied - Necessary, Common intention, Wheeldon v Burrows [1879]
Prescription
s62 LPA 1925
Name a case of Necessity in implied easements
Titchmarsh v Royston Water co [1899]
No easement implied unless easement is essential
Refused as claimant not landlocked
Name a case of Common intention in implied easements
Wong v Beaumont Property Trust [1965]
An easement can be implied into an agreement in order to give effect of the common intention of the parties with regard to the use of land
Restaurant ventilation
Explain the rule in Wheeldon v Burrows [1879]
Quasi-easement
Must be continuous and apparent
Necessary for reasonable enjoyment
Must be in use at the time of the grant
Requirements for an easement under s62 LPA 1925
Turn precarious rights into easements
Rights can automatically be implied into a conveyance of a property, irrespective of whether the parties have agreed that the rights will pass.
Must satisfy requirements in Re Ellenborough Park [1956]
Must not be personal and cannot be temporary
Which case decided that s62 LPA 1925 can be used
Wood v Warrington [2015]
Must be continuous and apparent like in Wheeldon v Burrows [1879]
Has any reform been suggested
Law Commission Report 327
