Easements: Introduction Flashcards
What is an easement in the context of property law?
An easement is a right attached to a piece of land that imposes a corresponding burden on another piece of land, allowing the owner of one land to use the land of another in a particular way or restricting the use of the other’s land in some way.
Distinguish between a positive and a negative easement with examples.
A positive easement allows the landowner to use another’s land in a specific way (e.g., right of way), whereas a negative easement restricts the use of another’s land (e.g., right to light preventing construction that would block sunlight).
What is a licence in property law, and how does it differ from an easement?
A licence is temporary permission to enter land without granting any proprietary right, unlike an easement, which is a permanent right that affects land ownership and use.
How can entering a neighbor’s garden to retrieve a football serve as an example of a licence?
Entering a neighbor’s garden to retrieve a football with their permission is a licence because it grants temporary access without any proprietary rights, and the permission can be withdrawn at any time.
Why might a licence not be suitable for accessing a garage through a neighbor’s garden and what problems might arise from this set up?
A licence might not be suitable because it
1. can be revoked,
2. does not run with the land, and
3. provides no permanent or proprietary right of access which can be problematic if the owner or their situation changes.
Problems include
1. the inconvenience of asking for permission,
2. the risk of revocation if relations sour,
3. lack of a proprietary interest if neighbors change, and
4. difficulty in selling the property without a permanent right of access.
Why is an easement preferred over a licence for permanent access to a garage through a neighbor’s garden?
An easement is preferred because it grants a permanent right of access that remains effective regardless of changes in property ownership, ensuring continuous access and benefiting future property transactions.
