Easements (condensed) Flashcards
What statutory provision governs the protection of unregistered profits and easements as overriding interests?
Paragraph 3, Schedule 1 of the Land Registration Act 2002.
What is a profit in the context of land law?
A profit is the right to take something from another person’s land, such as crops or timber
What is an easement in the context of land law?
An easement is a right to use another’s land, such as a right-of-way.
When will an unregistered profit or easement bind a purchaser as an overriding interest?
If one of the following applies:
(1) the purchaser had actual knowledge of it
(2) it was apparent on a reasonably careful inspection
or (3) it was exercised at least once in the year prior to the transfer.
Does a profit that has been used annually for many years count as an overriding interest if not registered?
Yes, if it has been exercised at least once in the year prior to the land transfer, it qualifies as an overriding interest.
Which of the following are protected as overriding interests? Persons in actual occupation, unregistered covenants, short-term leases, unregistered profits and easements, or leasehold service charges?
Persons in actual occupation, short-term leases, and unregistered profits and easements.
Why are unregistered covenants not overriding interests?
Because covenants must be registered on the property register to be legally binding; they are not automatically protected.
Why are leasehold service charges not considered overriding interests?
Because they are governed by private contractual agreement between the freeholder and leaseholder, not land registration law.
What are the five methods by which an easement can be created?
(1) Express grant by deed
(2) By statute
(3) By implication
(4) The rule in Wheeldon v Burrows
(5) Acquisition by prescription.
Under which legal provision must an express easement be created by deed to be valid?
Section 52 of the Law of Property Act 1925 requires that all conveyances of land or any interest therein must be made by deed.
What is a key characteristic of statutory easements?
They do not require a dominant tenement and are often granted to public utilities like gas or water providers under legislation.
When can an easement be implied into a contract or agreement?
When the right is necessary to make sense of the use of land, such as access rights implied for maintenance of equipment installed with landowner’s consent.
What conditions must be met for a quasi-easement to become a legal easement under the rule in Wheeldon v Burrows?
1) The right existed before the sale
2) It was continuous and apparent
3) Necessary for reasonable enjoyment
4) In use at the time of sale.
What are the core requirements for acquiring an easement by prescription?
Use must be for at least 20 years
continuous- The use must have been consistent over this period without significant interruption.
as of right – meaning without force, without secrecy, and without permission.
What is the legal effect of 40 years of qualifying use under the doctrine of prescription?
The easement becomes absolute and indefeasible under Section 2 of the Prescription Act.
Why would a claim for an easement by prescription fail if the use was with permission?
Because permission creates a license, not a prescriptive easement, and does not bind future landowners.
What is the difference between an easement and a profit (profit-à-prendre)?
An easement allows the use of another’s land for a defined purpose, while a profit permits the removal of natural resources (like crops or fish) from the land.
What are the roles of the dominant and servient tenements in the context of easements?
The dominant tenement benefits from the easement, and the servient tenement is the land burdened by it.
Who are the dominant and servient owners in relation to easements?
The dominant owner holds the land benefiting from the easement, while the servient owner owns the land over which the easement is exercised.
What does it mean to ‘grant’ an easement?
A grant is the legal creation of an easement by the servient owner in favour of the dominant tenement, usually by deed.
What is the purpose of a ‘reservation’ in the context of easements?
A reservation retains a right for the seller over land being sold—e.g., keeping a right of way over land that is being transferred.
What are the four essential characteristics of an easement set out in Re Ellenborough Park (1956)?
- A dominant and servient tenement must exist.
- The easement must accommodate (benefit) the dominant tenement.
- The two tenements must be owned or occupied by different parties.
- The right must be capable of forming the subject matter of a grant (i.e., not vague or overly broad).
What is a deed of release in the context of easements?
It is a formal agreement made by deed where the dominant and servient owners agree to extinguish an easement, removing the right from the land.
How can an easement be extinguished by implied conduct?
If the beneficiary of the easement alters the property so that they can no longer benefit from the easement, it may be extinguished through conduct.
What does abandonment of an easement require for it to be extinguished?
Prolonged non-use of the easement, combined with physical signs such as overgrown paths and lack of occupation of the dominant land, may show intention to abandon the right.
How can statute extinguish easements?
Statutes like Section 203 of the Housing and Planning Act 2016 allow local authorities to override and extinguish easements and other private rights for major developments.
What is the legal status of an easement when it no longer provides any benefit to the dominant land?
It may be extinguished through conduct, as it no longer meets the requirement of benefiting the dominant tenement.
When is an easement likely to be extinguished due to abandonment?
When there is clear, long-term non-use and physical evidence suggesting no intention to exercise the right in the future.
Which statutory provision allows local authorities to override easements?
Section 203 of the Housing and Planning Act 2016.
How can an easement be extinguished
Easements can be extinguished by deed, conduct, abandonment, or statute,
