Easements: Enforceability & Extinguishment Flashcards
What happens to the benefit of an easement when the dominant tenement is sold?
When the dominant tenement is sold after the creation of the easement, the benefit of the easement automatically passes to the new owner.
This transition occurs by virtue of Section 62 of the Law of Property Act 1925, which ensures that easements and other rights continue with the land when ownership changes.
How does the sale of servient land affect the enforceability of an existing easement?
When the servient land has been sold after the creation of an easement, it’s crucial to assess whether the easement is enforceable against the new owner. This requires understanding the nature of the easement created—whether it is legal or equitable—as the enforceability can vary based on these characteristics.
What are the conditions necessary to create a valid legal easement?
To create a valid legal easement, two main conditions must be met:
- The easement must have a duration equivalent to an estate in land—either forever (like a freehold estate) or for a fixed period (like a leasehold estate), as per s 1(2)(a) of the LPA 1925.
- It must be created by deed, following the formalities specified in s 52 of the LPA 1925 and s 1 of the LP(MP)A 1989, including being described as a deed, signed, witnessed, and delivered. If these conditions are satisfied, we have a validly created express legal easement.
What are the conditions for creating an equitable easement?
An equitable easement can be created in two scenarios:
- Expressly created equitable easement: If the easement doesn’t satisfy the duration requirement (s 1(2)(a) LPA), such as being granted for an uncertain period, it can only be equitable. The formalities require the easement to be in writing and signed by the grantor as per s 53(1)(a) LPA 1925.
- Estate Contract Easement: If the easement satisfies the duration requirement but is not created by a valid deed, it cannot take effect as a legal easement but may be recognized by equity as an estate contract if it meets the formalities under s 2 of the LP(MP)A 1989, applying the principle from Walsh v Lonsdale.
How does the principle in Walsh v Lonsdale apply to the creation of equitable easements?
This landmark case established that when an agreement between parties (like an easement) satisfies certain conditions but lacks the formal deed required for a legal easement, it can still be recognized and enforced by equity.
Specifically, the principle applies to easements that:
1. Satisfy the duration requirement akin to an estate in land, aligning with s 1(2)(a) of the Law of Property Act 1925, indicating the easement is granted either forever or for a fixed period.
2. However,fail to be formalized through a valid deed as mandated by s 52 of the LPA 1925 and s 1 of the Law of Property (Miscellaneous Provisions) Act 1989.
In such cases, equity steps in to enforce these arrangements as if they were fully compliant legal easements, provided they meet the formalities of an estate contract under s 2 of the LP(MP)A 1989.
What is the legal status of easements created by implication on a sale of part or by prescription, and how are they treated in the registered system?
Easements created by implication on a sale of part or by prescription are considered legal.
They are treated differently from expressly created easements in the registered system, indicating a distinct approach to their recognition and management within property law frameworks.
In the case of unregistered land, when do you acquire a legal easement if conveyed a plot of land with an expressly granted permanent easement over land retained by the conveyer?
You acquire a legal easement immediately upon the completion of the transaction.
In the unregistered system, the legal estate and any expressly granted easements by deed take effect as legal easements right at the moment of transaction completion.
In the case of unregistered land, does a legal easement acquired through a deed bind successive owners of the land over which the easement is granted?
Yes, a legal easement binds successive owners of the land, effectively the whole world, irrespective of notice.
This ensures the owner of the dominant tenement can enforce their rights against any current owner of the servient tenement.
This rule applies universally across all types of legal easements in the unregistered system.
In the unregistered system, how do legal and equitable easements differ in their ability to bind successive owners of the servient tenement?
Legal easements bind the whole world irrespective of notice, securing the dominant tenement owner’s rights against any servient tenement owner.
Equitable easements must be registered as a Class D(iii) land charge against the servient owner to bind successive owners. If not registered before the sale’s completion, the easement is void against a purchaser of the legal estate according to the Land Charges Act 1972, s 4.
In the registered system, when and how does an expressly created easement become a legal easement?
An expressly created easement becomes a legal easement upon its registration.
This process requires the easement to be:-
- for an estate equivalent to a fee simple absolute in possession or a term of years absolute,
- granted by deed, and
- protected by registration according to sections 1(2)(a) of the Law of Property Act 1925 and 27(1) of the Land Registration Act 2002.
In the registered system, how does the registration of an easement affect its binding nature, and what are the consequences of failing to register an expressly created easement?
Once registered, an easement binds successive owners of the servient land.
Failure to register an expressly created easement results in it being considered equitable, pending registration.
For an easement to bind a purchaser, it must be registered as a notice against the servient title if the easement is equitable, ensuring its protection under the Land Registration Act 2002.
In the registered sysyem, how are implied and prescriptive easements protected?
Implied and prescriptive easements are recognized as legal easements and are protected under the Land Registration Act 2002, specifically Para 3 Schedule 3.
They do not require express registration to be binding and can be overriding interests if they are not within the actual knowledge of the purchaser, would be obvious on careful inspection, or have been exercised within a year before the disposition.
Under what circumstances is an easement considered equitable in the context of registered land?
An easement is considered equitable if it meets the conditions under s 1(2) of the Law of Property Act 1925 but
1. is not created by deed,
2. does not comply with certain formalities, or
3. if the required registration at the Land Registry has not been completed.
Equitable easements must be created in writing and protected by a notice on the register of the servient title to bind a purchaser.
How can the benefit of an easement over another’s land be terminated by the holder?
The holder of an easement can terminate it by expressly releasing it through a deed. This action will effectively bring the easement to an end.
What happens to an easement if the owner of the dominant tenement purchases the servient tenement?
If the owner of the dominant tenement purchases the servient tenement, the easement ceases because one cannot hold an easement over one’s own land. The unification of ownership of both tenements leads to the termination of the easement.
