Easments

Question 1

Conditions for an easement

• must be servient and dominant tenement
• servient and dominant tenement not occupied by the same person
• must accommodate dominant tenement
• capable of forming the subject matter of a grant

Answer 1

Re Ellenborough Park

Question 2

First case re communal garden

Answer 2

Re Ellenborough Park

Question 3

Right to use leisure facilities

Answer 3

Regency Villas v Diamond Resorts

Question 4

No easement as servient owner could not use land during times he wanted to use land the most

Answer 4

Batchelor v Marlow

Question 5

Easement to park implied if necessary for exercise of connected right of way

Answer 5

Moncrieff v Jamieson

Question 6

If created by deed and equivalent to a term of years absolute or a fee simple absolute in possession, the easement will be legal under this statute

Answer 6

S(1)(2)(a) LPA 1925

Question 7

If the easement is created in writing and meets the requirements of this statute, the easement will be equitable

Answer 7

S2 LP(MP)A 1989

Question 8

Implied grant - necessity

Inconvenience is not a factor

Answer 8

Titchmarsh v Royston Water

Question 9

Implied grant - common intention

Implied right to use stairs and lift to 9th floor flat. Easement was implied in absence of any express agreement. It must have been intended by the parties that the tenant would be able to reach his flat

Answer 9

Liverpool CC v Irwin

Question 10

Whenever part of land with no previous diversity of occupation is sold, all easements which are continuous and apparent, necessary for the reasonable enjoyment of the sold land and in actual use will pass with the land (now dominant)

Answer 10

Wheeldon v Burrows

Question 11

Rights used as at the date of a conveyance deemed to be included regardless of whether expressly stated, unless expressly excluded.
Section uses word conveyance, therefore must be transfer of freehold by deed or grant/renewal of lease must be by deed or where less than 3 years by written agreement

Answer 11

S62 LPA 1925

Question 12

When a landowner transfers part of his land but reserves rights over the part transferred - reservations of easements must be expressly granted

Answer 12

Wheeldon v Burrows

Question 13

If the easement is merely necessary for the reasonable enjoyment of the land that will be insufficient to a finding of necessity

Answer 13

Walby v Walby

Question 14

Landlocked land - an alternative right of way, no matter how impractical will not be a reason for necessity

Alternative right of way down a 20ft embankment

Answer 14

Titchmarsh v Royston Water

Question 15

Easements may be impliedly reserved where the objective common intention was that the land be used for a particular use and the easement is necessary to give effect to that use

Answer 15

Pwllbach Colliery v Woodman

Question 16

The right must be necessary for the continued enjoyment and use of the retained land in a way that is contemplated by the parties: it is insufficient if the right claimed is merely reasonable or convenient

Answer 16

Liverpool City Council v Irwin