Land 3 - Easements - enforcement

Question 1

What are the requirements for enforcing an implied legal easement if there is a change in the subservient landowner in registered land?

Answer 1

• Duration: from document implied into
  (Lease ends with lease, freehold goes on)

Overriding interest if:
- actual knowledge of new owner, or
- obvious, or
- exercised within last year.

• Volunteer/donee always bound

Question 2

What are the requirements for an express/implied equitable easement on registered land to be enforced?

Answer 2

• Must be protected by notice on Charges Register to bind future servient owners
• always binds the grantor
• always binds someone gifted or inherited the land.

Question 3

What are the requirements for an express/implied equitable easement on unregistered land to be enforced against new owner of survient land.

Answer 3

• must be protected by D(iii) Land Charge at Land Charges Register
• always binds the grantor
• always binds someone gifted or inherited the land.

Question 4

What remedies are there for enforcing an easement?

Answer 4

• Prohibitory injunction
• Mandatory injunction (to remove obstruction)
• Damages in lieu of injunction or in addition

Question 5

What are the requirements for enforcing an express legal easement for reg or un reg land?

Answer 5

1. Duration: certain term or forever
2. Created by deed
3. Registered land: must be registered;
4. Unregistered land: bind the world & overriding interest upon 1st registration