Land - Easements

Question 0

Rangeley

Answer 0

Absence of DT and ST merely creates a licence

Question 1

Re Ellenborough Park

Answer 1

Four requirements for an easement:

• Must have DT and ST
• Easement must benefit DT
• DT must be owned/occupied by different people unless it is a lease
• Easement must be capable of forming subject matter of grant

Question 2

Harris v Fowler

Answer 2

Easement may not be extended once granted to encompass larger area

Question 3

Hill v Tupper

Answer 3

Easement must benefit DT otherwise it is merely a licence

Question 4

Bailey v Stephens

Answer 4

There must be a personal nexus between benefit of the right and use of the land

Question 5

Copeland v Greenhalf

Answer 5

Easement must not amount to exclusive possession

Question 6

Batchelor v Marlow

Answer 6

Owner of ST must be left with reasonable use (car parking)

Question 7

Moncrieff v Jameson

Answer 7

Right to park may be construed as a necessity of vehicular access

Question 8

Phipps v Pears

Answer 8

Negative easements restricting use of the ST are frowned upon

Question 9

Dalton v Agnus

Answer 9

Right to light only exists if it is in relation to specific windows

Question 10

City of London Brewery Co

Answer 10

Right to light only extends to the point required for ‘comfortable use of the premises’

Question 11

Aldred’s Case

Answer 11

There is no right to a view

Question 12

Hunter v Canary Wharf

Answer 12

There is no right to TV reception

Question 13

Regis Property v Redman

Answer 13

Easement must not impose a duty on ST to act positively/spend money

Question 14

Crow v Wood

Answer 14

An easement to maintain fencing is a valid positive easement

Question 15

s1(1) LPA 1925

Answer 15

Easement will only be legal if held as a fee simple or a term of years absolute

Question 16

s52(1) LPA 1925

Answer 16

Easement must be granted by deed

Question 17

ss1(2) and (3) LP(MP)A 1989

Answer 17

A deed will only be valid if:

• identified as such
• signed and witnessed
• delivered
• sealed (if executed before 31/07/1990)

Question 18

s62 LPA 1925

Answer 18

1. Benefits of easement will pass automatically when DT is sold
2. An easement may be created by implication into the conveyance

Question 19

Wright v MacAdam

Answer 19

For an easement to be implied into the conveyance, there must be:

• a conveyance/grant of a lease
• the right must be capable of being an easement and in existence prior to conveyance
• there must be diversity of ownership/occupation

Question 20

s205 LPA 1925

Answer 20

A conveyance includes the transfer of a freehold estate or assignment/grant of a lease

Question 21

Sovmots Investments v SoS for the Environment

Answer 21

There must be diversity of ownership/occupation for an easement to be implied into the conveyance

Question 22

P&S Platt v Crouch

Answer 22

The rule in Sovmots does not necessarily apply

Question 23

London Corp v Briggs

Answer 23

An easement may be impliedly reserved for the seller where there is a necessity to retain it otherwise the DT would be unusable

Question 24

Wong v Beaumont Property

Answer 24

1. An easement may be impliedly reserved for the seller if it would be reasonable to assume it was within the common intention of the parties at the time
2. An easement may be impliedly granted to the buyer if there is a necessity of access

Question 25

Millman v Ellis

Answer 25

An easement may be impliedly granted to the buyer if there was mutual intent during the transaction (officious bystander test)

Question 26

Wheeldon v Burrows

Answer 26

Where there is a sale of part, an easement will be impliedly granted to the buyer if there was a quasi-easement previously in existence:

• Use of the easement was continuous/apparent
• The easement would be necessary for reasonable enjoyment of the land
• it was exercised by the owner of the whole land at the time of the sale of part

Question 27

Common law test for prescription

Answer 27

• use has been continuous since 1189
• use is without permission and unchallenged
• use is open

Question 28

s2 PA 1832

Answer 28

An easement will be granted by prescription if there has been 20 years’ continuous use
- UNLESS the right has been exercised with the owner’s consent, in which case the period of qualification is 40 years

Question 29

s3 PA 1832

Answer 29

An easement to light will be granted by prescription if there is 20 years’ continuous use, even with the owner’s permission

Question 30

s4 PA 1832

Answer 30

Use of the easement must continue until the court action

Question 31

Simmons v Dobson

Answer 31

An easement may be granted by prescription in accordance with e doctrine of lost modern grant if:

• there has been 20 year’s continuous use, but not since 1189
• the use is unchallenged, open and without permission
• the grantor would have been capable of granting the easement

Question 32

Bakewell Management v Brandwood

Answer 32

The grantor must be capable of granting the easement

Question 33

s27 LRA 2002

Answer 33

Legal easements created by express grant/reservation are registrable dispositions

Question 34

Sch. 3 para. 3 LRA 2002

Answer 34

Legal and equitable easements created by prescription or implication are overriding interests, PROVIDED

• buyer of ST had knowledge of them
• they would have been obvious upon reasonable inspection
• the person claiming the right has exercised it 1 year prior to sale/registration

OTHERWISE they are minor interests and must be protected by notice (s32 LRA 2002)

Question 35

Class D(iii)

Answer 35

Equitable easement

Question 36

s2 LCA 1972

Answer 36

An equitable easement must be registered as a Class D(iii) land charge in UL to bind a third party

Question 37

s29 LRA 2002

Answer 37

A legal easement will only be binding if it has been registered by the date of registration of the sale

Question 38

Sch. 12 para. 9 LRA 2002

Answer 38

Equitable easements created before 13/10/03 will continue to be overriding interests

Question 39

Benn v Hardinge

Answer 39

An easement may be extinguished by abandonment provided there is intention to abandon

Question 40

Regan v Paul Properties

Answer 40

Injunction to permit use of easement is the most likely remedy

Question 41

Abatement

Answer 41

Owner of DT may abate any obstruction, PROVIDED

• no innocent party would suffer loss as a result
• only reasonable force is used in the process