Easements And Profits Flashcards
What is an easement?
An easement is a property right which one person has over another person’s land.
What are the most common forms of easements?
Rights of way, rights of drainage and rights to run cables and pipes under another’s land.
What caselaw defined the four characteristics of a right being capable of an easement?
Re Ellenborough Park [1956]
What are the four characteristics of a right being capable of an easement established in the case of Re Ellenborough Park [1956]?
- There must be a dominant and servient tenement.
- The right claimed must benefit the dominant tenement.
- There must be diversity of ownership and/or occupation
- The right claimed must be capable of forming the subject-matter of a grant.
What criteria must be satisfied for an easement to be a legal interest under s1(2) Law of Property Act 1925?
For a term equivalent to a legal estate and in the form of a deed if created by express grant or reservation.
How are equitable easements protected in unregistered land?
An equitable easement created on or after the 1st of January 1926 must be registered at the land charges registry as a class D(iii) land charge.
If created before it is subject to the doctrine of notice
How are actable easements Protected in registered land?
By entry of a notice on the register
What is a grant and how does it occur?
A grant occurs where one person agrees another should have rights over land which they retain.
When does the reservation occur?
A reservation occurs where a person reserves rights over land which they sell
What are the three ways of granting of creating a legal easement?
Express grant, implied grant and Presumed grant or prescription
What are the various methods of implied grant
Necessity
Common intention
The rule in Wheeldon v Burrows [1879]
S 62 Law of property act 1925
Explain the rule in Wheeldon v Burrows [1889]
A person who divided their land into two and sells one part always needs to be careful that implied easements are not being created in favour of the buyer.
Several conditions must apply under this rule:-
Unity of ownership and occupation
Exercise of quasi-easements
Continuous and apparent
Necessary to reasonable enjoyment of the land
Division of the land
For prescription to occur what criteria must be satisfied?
They must’ve been continuous user
User must have continued for the prescriptive period
User must be by, or on behalf of, and against, the fee simple.
There must be user as of right.
What does profit a prendre mean?
A profit a prendre is a right to enter onto land of another person and take part of the produce or soil.
Give three examples of profits.
Mining rights, fishing rights, shooting rights, rights of grazing, and rights to collect wood or dig for peat.
