Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

SQE1 > Land > Flashcards

Land Flashcards

1
Q

What type of right is an easement?

A

Proprietary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Who is the dominant tenement?

A

The land getting a benefit in an easement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who is the servient tenement?

A

The land getting the burden in an easement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Can easements be a legal interest

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

How long will a right of drainage be granted if granted in a 5 year lease?

A

For the term of that lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How long will a right of way granted when freehold land is sold be granted?

A

Forever

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When can an easement only be equitable?

A

When it is not granted for the equivalent of a freehold or leasehold estate term

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is a positive easement?

A

Allows the owner of dominant land to use the servient land in a particular way

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is a negative easement?

A

Prevents the servient landowner from doing something on their land by giving the dominant land owner the right to receive something

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the 3 possible/recognised negative easements?

A

Right to light
Right to air
Right of support (e.g., from a shared wall)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What 5 types of rights are commonly confused with easements?

A

Quasi easements
Public rights
Licenses
Profits a prendre
Restrictive covenants

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is a quasi-easement?

A

Potential easements, things that could become easement if the land was ever divided (e.g., land owners using pathways on their own land)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are public rights and how are they different from easements?

A

Unlike easements, who are for the dominant land, a public right can be exercised by the public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does a profit a prendre mean and how is different from an easement?

A

In a profit a prendre, you can take things from the land to sell like fish. But in an easement you can’t.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is a grant in terms of easements?

A

When a landowner who severs their land, gives the new occupier an easement over the land which they have retained

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a reservation in the context of easements?

A

When a landowner severs their land, and retains a right over the sold/leased portion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What does it mean to derogate from the grant in the context of easements

A

If a landowner does a reservation for their easement, it is construed strictly and they cannot then widen it later

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Where are most express easements created?

A

In writing in the transfer deed or lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Can easements be created as a part of a separate deal then a sale etc

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the rationale between why an easement can be impliedly created legally?

A

It is ‘written in’ to the original document it was ‘omitted’ from

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the general criteria for an easement to arise from prescription?

A

Long use

At least 20 years

Continuous

As of right (e.g., no permission or force)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Are easements by prescription legal or equitable?

A

Legal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What are the 3 types of prescription?

A

Prescription at common law

Prescription under the doctrine of Lost Modern Grant

Prescription Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

When will prescription succeed under the prescription act 1832?

A

If user can prove uninterrupted enjoyment for the 20 year period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What = an interruption for the purposes of the prescription act?

A

No use for 1 year or more

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What 5 questions must you answer yes to, in order to determine that a right has been acquired by prescription?

A

Has the right been used for at least 20 years by a freeholder against a freeholder?

Has the right been exercised regularly?

Without force?

Without secrecy?

Without permission?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Can a prescriptive right be created between a freeholder and a leaseholder?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Can rights to light be infringed if there is no defined aperture it is blocking?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What 3 things must you check to determine whether something is an easement or a license?

A

Is it capable of being an easement in principle

Is the right prevented from being an easement by a disqualifying factor?

Has the right been acquired as an easement?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

How do you determine whether the right is capable of being an easement?

A

Tests in Ellenborough Park

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What are the 2 factors which could disqualify a right from being an easement?

A

Additional compulsory expenditure by the servient owner

Use which amounts to exclusive possession or permission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

In which 3 ways can a right be acquired as an easement?

A

By complying with the statutory formalities for an express grant or reservation

By being acquired impliedly by one of the recognised methods

By being acquired by presription

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What are the 4 tests that must be met to determine whether a right is capable of being an easement under Ellenborough Park?

A
  1. Must be a dominant and servient tenement
  2. Right must accomodate the dominant tenement
  3. There must be diversity of ownership
  4. The right must lie in grant
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What are useful questions to ask when determining whether a right accommodates the dominant tenement?

A

Does the right benefit any owner of the land?

Does the right cease to be of use once the dominant owner has parted with the land

Does the right make the dominant land a better or more convenient property?

Does the right add value or amenity to the dominant land?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What question do you ask, when determining whether a right benefits the land itself or a business run from that land?

A

Is the business a necessary incident to the use of the land or a completely unconnected business?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Can a right accommodate a dominant tenement if it is far away?

A

No, must be sufficiently proximal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What would happen to an easement if previously severed land was merged?

A

The easement would be extinguished

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What are the 3 criteria to satisfy whether the right (potential easement) lies in grant?

A

Was it granted by a capable grantor to a capable grantee?

Is it capable of reasonably exact description?

Is it judicially recognised?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What does it mean to be a capable grantor/grantee?

A

18+ and own the legal estate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

What are examples of rights that have been judicially recognised as easements?

A

Rights of way

Rights of drainage

Right of support

Right to use sporting and leisure facilities

Right to use land for recreation

Right of storage

Right to park

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What do you have to satisfy after determining that the right is capable of being an easement under Ellenborough?

A

Disqualifying factors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

What are the 3 disqualifying factors?

A

Right must not amount to exclusive possession of the servient tenement

Right must not involve additional, unavoidable expenditure by the owner

Right must not depend on permission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What are the 2 tests which amount to exclusive possession?

A

Ouster principle

Possession and control

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

What is the easement disqualifying factor ‘ouster’ principle?

A

No reasonable use of the land is left because of the ‘easement’

45
Q

What is the possession and control test?

A

Does the servient owner retain ultimate possession and control of the servient land subject to reasonable exercise of the right?

46
Q

Is the ouster principle binding law?

A

Yes

47
Q

Is the possession and control test binding law?

A

No – Scotland

48
Q

Are the courts generally more favourable towards the person claiming the easement or rebutting?

A

Claiming

49
Q

If there is a question about rights to store and park, and the servient landowner retains control of the space and is theoretically able to do anything with it… who would the courts favour?

A

The person claiming the easement should not be disqualified

50
Q

Is a servient tenenment owner obliged to carry out repairs or maintenance of the easement?

A

No

51
Q

Must the servient tenement allow the dominant owner to carry out repairs etc?

A

Yes

52
Q

If someone moves or withholds using the easement on request, can they still be using the easement as of right?

A

No

53
Q

Can an easement granted potentially forever be legal?

A

Yes

54
Q

Can an easement granted or reserved for a set period be legal?

A

Yes

55
Q

Can an easement granted for a period that is not forever but is also not for a set period be legal?

A

No

56
Q

To be a deed, what formalities must a document comply with?

A

Clearly intended to be a deed

Signed by a grantor and witnessed

Delivered/date

57
Q

Does an express legal easement need to be created by deed?

A

Yes

58
Q

What do you need to do to finish creating a legal easement over registered land?

A

Register the land

59
Q

Where is an easement noted on the register?

A

The dominant lands title and burden is noted in the charges register of the servient lands title

60
Q

What happens if formalities for a legal easement are not met?

A

It could be recognised as an equitable easement

61
Q

What is an inherently equitable easement?

A

One that wasn’t granted or reserved for a freehold or leasehold term or was an uncertain term

62
Q

What are the minimum formalities for an equitable easement?

A

In writing

Signed by the grantor

63
Q

What can failed legal easements be determined as?

A

Estate contracts

64
Q

What is the effect of an estate contract for an easement?

A

A contract agreeing to create a legal easement

65
Q

To create an estate contract for legal easements, what are the minimum formalities that must have been complied with?

A

In writing

Signed by both parties

Includes all expressly agreed terms

66
Q

Do you have to register legal easements for less than 7 years?

A

Yes

67
Q

What are the 4 methods of implied acquisition for an easement?

A

Necessity

Common intention

Wheeldon v Burrows Rule

LPA 1925 s62

68
Q

What does an implied legal easement technically do?

A

Imply the easement into a transfer deed or a legal lease

69
Q

What does an implied equitable easement do?

A

Implies the easement into a contract or an equitable lease

70
Q

Where does an implied easement take its status from?

A

The document it was implied into

71
Q

How wide is the scope of implied easement by necessity?

A

Very narrow, existence must be essential in order that any use of the dominant tenement can be made

72
Q

What is the type of easement that can be implied by necessity?

A

Right of way to otherwise landlocked land

73
Q

Can rights to drainage, sewerage and electricity be implied by necessity?

A

No

74
Q

When is an implied easement by common intention able to be formed?

A

Where land has been sold/leased for a particular purpose and that purpose cannot be fulfilled without the easement sought

75
Q

Is a general intention to how the property should be used enough to create an implied easement by common intention?

A

No

76
Q

If there is an easement for a parking space, will that show sufficient common intention to use the road leading to it as well?

A

Yes

77
Q

What are the 3 criteria to fulfil a common intention easement?

A

Dominant land must be sold or leased for a specific purpose

Purpose must be known to both parties

Easement claimed must be essential to achieve the common purpose

78
Q

Would a plot of land sold as a building plot show a common intention easement for drains, sewer etc?

A

Yes

79
Q

Is it easier to demonstrate common intention if you are the granting or reserving power?

A

If the power was granted

80
Q

Does Wheeldon v Burrows apply to grants or reservations?

A

Only grants

81
Q

What is the effect of Wheeldon v Burrows?

A

Quasi-easements will be implied into full easements

82
Q

What are the 5 requirements in Wheeldon v Burrows?

A

Only applies where right would be a grant

The right must have been enjoyed as a quasi-easement

Continuous and apparent

Necessary for reasonable enjoyment of dominant land

Quasi-easement must be in use by the common owner at the date of the transfer or lease of the dominant land

83
Q

Does Wheeldon v Burrows apply when selling the whole of a piece of land?

A

No, can only happen on division of land

84
Q

How does the requirement ‘necessary for the reasonable use of the land’ get met?

A

If the right enhances the land in some way

85
Q

Can you exclude Wheeldon v Burrows in a contract or lease?

A

Yes

86
Q

Can easements be implied by the LPA 1925 s62 for grants or reservations only?

A

Grants

87
Q

What type of document will LPA 1925 s62 imply an easement into?

A

A conveyance (ie a deed, transfer of land)

88
Q

What is the effect of LPA 1925 s62?

A

When somebody buys freehold land or leases in land, the buyer or tenant will receive the benefit of all existing easements whether they have been expressly or impliedly granted

89
Q

What is the upgrade effect?

A

Informal rights get upgraded into a full legal easement when there is a new conveyance

90
Q

What are the requirements for the upgrade effect to apply?

A

There would have been a grant to the claimant

There was prior diversity of occupation of the dominant and servient land

An informal permission or license was granted to the occupier of the dominant tenement to use the servient land in some way

There must have been a conveyance

91
Q

Can you exclude LPA 1925 s 62 in a contract?

A

Yes

92
Q

What is the recent development of in terms of applications of LPA 1925 s62

A

Now, the requirement for prior diversity of occupation of the dominant and servient land is not necessary where the right is continious and apparent

93
Q

What does the recent development in terms of wider scope for s 62 LPA do?

A

It can apply in Wheeldon v Burrows circumstances where the land has only recently been divided and the claimant doesn’t have to show ‘necessary to the reasonable use of the land’ criteria

94
Q

Why has LPA 1925 s62 not made Wheeldon v Burrows obsolete?

A

Cause it only applies on a conveyance but Wheeldon v Burrows can imply an easement into a contract

95
Q

Will benefit pass with the land for an equitable easement?

A

Yes

96
Q

Where does the benefit of an easement appear on the register?

A

The property register

97
Q

What happens to a legal easement when land is registered for the first time?

A

The express legal interest will be an interest overriding the first registration of the servient land and will become noted on the charges register

98
Q

Under what maxim are express legal easements binding against new servient owners?

A

Legal interests bind the world

99
Q

What 3 criteria need to be met for an implied legal easement to be an overriding interest on registered land?

A
  1. Easement is within the actual knowledge of the new owner OR
  2. It is obvious on reasonably careful inspection of the land OR
  3. It has been exercised in the year before the transfer of the servient land
100
Q

In what way/why is an implied legal easement enforceable over unregistered land?

A

Legal interests bind the world

101
Q

Is an express equitable easement always enforceable against a grantor?

A

Yes

102
Q

Is an express equitable easement always enforceable against a new servient owner?

A

No, it must be protected

103
Q

How can you protect an express equitable easement?

A
  1. Notice entered in the charges register of the servient land
104
Q

Is a volunteer, e.g., somebody who is gifted land bound by unprotected express equitable easements?

A

Yes

105
Q

Who is not bound by an express equitable easement that was not protected?

A

A purchaser for value

106
Q

Do express equitable easements need to be protected on unregistered land?

A

Yes

107
Q

What must be registered and where to protect an express equitable easement on unregistered land?

A

Class D (iii) Land Charge

108
Q

Are the protection rules for implied equitable easements the same as those for express?

A

Yes

109
Q

What 3 remedies are available for easements?

A

Mandatory injunction to remove obstruction

Prohibitory injunction to prevent interference with the enjoyment of the easement

Damages in lieu of injunction or in addition

SQE1 (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions