ouster principle - easements

Question 1

ouster principle tranditonal test

Answer 1

the question is whtehr the grant would leave the servient owner without any use of his land

Question 2

lord scotts test

Answer 2

This asks whether the servient owner keeps possession and control of their land, except for the specific right granted by the easement. For a valid easement, the servient owner shouldn’t lose overall control of their property.

Question 3

hybrid test

Answer 3

The easement covered a parking area that made up more than half of the servient land. However, ouster wasn’t an issue because, although the dominant owner could theoretically use all the spaces, this was unlikely to happen in practice.

Question 4

easement categorues from shmuck

Answer 4

1. Have a dominant tenement (land benefiting) and a servient tenement (land burdened).
2. Benefit the dominant land, not just the owner personally.
3. Be clear, not easily revocable, and not deprive the servient owner of control.