Property Law Second Term - EASEMENTS Flashcards
What did Luther argue about the ouster principle?
What matter is ‘what the claimant could do by virtue of his E not what the owner could not do’
Cannot use E to benefit land other than DT
Harris v Flower
Re Aldred
‘Good view’
Formalities for an equitabl easement?
S.2(1) LP(MP)A
What are the requirements for implying easements under Wheeldon v Burrows?
Needs to be ‘continuous and apparent’ and/or ‘reasonably necessary’ for enjoyment
what is the primary undisputed difference between Wheeldon and s.62?
Necessary for reasonable enjoyment is only required for Wheeldon
What did the Law Com suggest about the ouster principle in Report No.327?
Allow a right to prevent STO from making reasonable use of the land if that is what he wishs to do
Which case considered both questions given for the ouster principle?
Moncrieff v Jamieson
Wall v Collins
E is at least as long as the original lease if A obtains fee simple from leasehold
What case outlines the implication of easements through common intention?
Davis v Bramwell
Why should Wood v Waddington be considered cautiously?
First instance decision that shouldn’t be taken to have destroyed Wheeldon
E is at least as long as the original lease if A obtains fee simple from leasehold
Wall v Collins
Right to use flat roof equivalent to ownership
Hanina v Mrland
Common intention for land to be used in a particular way, and grant necessary to give effect
Davis v Bramwell
Hanina v Mrland
Right to use flat roof equivalent to ownership
Davis v Bramwell
Common intention for land to be used in a particular way, and grant necessary to give effect
How are implied easements protected?
Schedule 3 paragraph 3
Bakery to homes
Macadams Homes v Robins
Just needs to be reasonably necessary for wheeldon v burrows , but not equated with necessity
Hillman v Rogers
Who suggested we look at the ouster principle from the wrong way and should consider what the claimant could do, not what the owner cannot?
Luther
Provide electricity (positive burden ST E) or DT would be unusable
cardwell v Walker
What is the ‘ouster principle’?
Not allowing right to be capable of forming subject matter of E if equivalent to possession
Harris v Flower
Cannot use E to benefit land other than DT
E necessary for DTO to use land for conveyed purpose - ventilation
Wong v Beaumont