Easements

Question 1

The rule in Wheeldon v Burrows only works in favour of…

Answer 1

The purchaser

Question 2

What case lays out the essential characteristics of an easement and what are they.

Answer 2

Laid out in Re Ellenborough Park

A. Must be a dominant and servient tenement.
B. Must accommodate the dominant tenement
C. No co-ownership between the dominant and servient tenement
D. Must be capable of forming the subject matter of a deed.

Question 3

If an easement is granted it is in favour of…

Answer 3

The purchaser

Question 4

Which case is relevant to quasi-easements, being capable of being elevated to an easement.

Answer 4

Wheeldon v Burrows

Question 5

If an easement is reserved it is in favour of…

Answer 5

The seller

Question 6

What conditions must be met according to Wheeldon v Burrows.

Answer 6

A. The easement was a quasi-easement at the time of sale.
B. It is necessary for the reasonable enjoyment of the land.
C. Was in continuous and apparent use (used when and as needed)

Question 7

What is an easement?

Answer 7

A third party right over another’s land.

Question 8

What are the requirements for an easement to be implied as an easement of necessity?

Answer 8

It must be essential for the enjoyment of the land. What us considered is extremely strict.