Easements

Question 1

Three types of express easements

Answer 1

Statute, express grant, express reservation

Question 2

Five types of implied easements

Answer 2

Common intention, necessity, quasi-easement, estoppel, prescription

Question 3

Four qualities of an easement (authority)

Answer 3

(Ellenborough Park)

1. Must be dominant and subservient land
2. Dominant must benefit
3. Must be different owners
   - except Land Registration Act s 61
4. Right must be capable of being granted

Question 4

Consequences of breaching an easement (+authority)

Answer 4

(Malden Farms - beach path)

• when the subservient owner restricts an easement = nuisnace
• when the dominant owner stretches an easement = trespass

Question 5

Implied grant of necessity (description + authority)

Answer 5

(Wise - water access)

• when an owner partitions property and neglects to retain a right for themselves
• NS test is ‘practical necessity’

Question 6

Implied quasi-easement (description + authority)

Answer 6

(Israel - sewage pipes)

- when the seller partitions their property and tries to deny the new owner a right the seller previously enjoyed

Question 7

Easement by estoppel (description + authority)

Answer 7

(Crab)

- when there is reliance + a broken promise

Question 8

Easement by prescription (description + authority)

Answer 8

(Armour)
- very similar to adverse possession
- four requirements (COVC)
C - Continuous
O - Open
V - w/o Violence
C - w/o Consent

Question 9

Statutory provision governing prescriptive easements

Answer 9

Real Property Limitations Act
s 32 - 20 year rule

Land Registration Act
s 74(1) - 20 year requirement
s 74(2) - 10 year recording window
s 75(1) - Can still operate on registered land if adjacent + 20%
s 73 - carries with land even if unrecorded

Question 10

Full Ellenborough Park test

Answer 10

1. Dominant and Servient lands
2. Dominant benefits
   a. requires proximity but not adjacency
   b. utility more than ‘mere enjoyment’
3. Dominant and Servient owners different
4. Right capable of being grants
   a. Grant is not too vague or wide
   b. Grant doesn’t amount to full ownership
   c. Grantor legally able to do so

Question 11

Malden Farms

Answer 11

Beach path case: consequences for breach of easement

• Dominant lands stretching = trespass
• Servient lands restricting = nuisance

Question 12

Wise

Answer 12

Water access case: implied easement of necessity is when a seller forgets to reserve a right for themselves.
- test in NS is ‘practical necessity’

Question 13

Israel

Answer 13

Sewage partition case: implied quasi-easement is when a seller neglects to grant a right to a buyer which they previously enjoyed.

Question 14

Crab

Answer 14

Easement by estoppel case

- when there reliance + a broken promise

Question 15

Armour

Answer 15

Easement by prescription - very similar to adverse possession
- Four requirements (COVC)
C - Continuous
O - Open
V - w/o Violence
C  - w/o Consent

Question 16

Land Registration Act s 73

Answer 16

Prescriptive easements still carry with the land even if unrecorded in the registry system.

Question 17

Test for quasi-easement

Answer 17

(Israel v leith)

1. Continuous and apparent use
2. Concerns reasonable enjoyment of land

Question 18

A sale of land includes an easement (statute)

Answer 18

Conveyancing act s 13(d)

Question 19

Conveyancing act s 13(d)

Answer 19

Easements carry with the land