Termination of Easements

Question 1

Wall v Collins

Answer 1

Suggests that where a tenant of the DT subsequently purchases the freehold in the DT the easement attaches to the dominant land rather than the leasehold estate, so that the easement survives the purchase

Question 2

James (unity of ownership)

Answer 2

The easement will not automatically revive if after unity of possession and ownership over the ST/DT has been achieved, one of the tenements is subsequently sold, though it may be implied as a fresh easement

Question 3

James (abandonment)

Answer 3

We must distinguish between the positive intention to abandon the easement and the non-assertion of an intention to use a way; here there had been no occasion to use the right of way in the 50 years since its creation, so it had not been abandoned

Question 4

Moore, example

Answer 4

If the right is connected to a building that is later demolished abandonment is more readily found (e.g. the building w/ a right to light in Moore)

Question 5

Sandy Lane

Answer 5

It seems substantial blockage of a right of way is necessary for it to be abandoned

Question 6

Constagliola

Answer 6

If the STO acts to his detriment on the basis that the right is no more and the DTO acquiesces in such detriment with awareness of the circumstances the DTO is bound by estoppel