Land Law: Easements

Question 1

What are the rules outlined in Re Elenborough Park

Answer 1

• There must be a dominant and servient tenement
• The tenements must be owned and occupied by different owners
• the easement must ‘accomodate’ the dominant tenement (connected with the normal enjoyment of property)
• the right must be capable of being granted by deed

Question 2

What is the ratio for ‘Rangeley v Midland Railway Co’?

Answer 2

An easement cannot be in gross/without being attached to a particular piece of land

Question 3

What are the methods of creating an easement?

Answer 3

• Express grant or reservation
• Implied grant or reservation on a sale of part
• Prescription

Question 4

Which methods of creation does the seller have by implied grant?

Answer 4

• Easements of strict necessity

- Easements implied due to common intention (Wong v Beaumont [1956])

Question 5

Which methods of creation does the buyer additionally have by implied grant?

Answer 5

• Easements of strict necessity
• Easements implied due to common intention (wong v Beaumont [1956])
• Easements created under the Wheeldon v Burrows [1879] rule
• Easements created under s62 LPA 1925

Question 6

What is the Wheeldon v Burrows [1879] rule?

Answer 6

The buyer would get an easement if this right was

• Continuous
• Apparent
• Necessary for the reasonable enjoyment of the land;
• Being used as a quasi easement

There also must be unity of occupation prior to the sale of part