Land 3 - Easements - Misc Flashcards
What is a grant?
Person who sells land gives a right over the retained land.
What is a reservation?
The seller retains a right over the land sold.
What are the dominant and subservient land?
- Dominant - benefits from right
- Subservient- burdened by right
What is required for a deed
- clear it’s intended to be a deed
- witnessed
- signed by grantor witness
- delivered (dated)
What’s an express legal easement?
Expressed in a deed
What’s an express equitable easement?
Expressed in writing and signed by grants but falls short of a deed
What sort of easement does a common intention create?
- Applies to grants and reservations
- Applies legal easements into deeds and equitable easements into contracts.
What sort of easement does wheeldon v burrows create?
- Only creates grants
- Legal into deeds and equitable into contracts.
What sort of easement does necessity create?
Applies to grants and reservations (but rare for R)
If deed legal if contract equitable.
Is the easement enforceable if there is a change in dominant owner
Yes, the easement follows the land. It doesn’t matter if the one is registered or unregistered or if legal or equitable.
Can s62 and the rule in burrows be used for reservations?
No, only grants
