Third Party Rights in Land Law Flashcards
1
Q
3rd Party Rights in Land Law
4 Characteristics of an Easement as per Ellenborough Park
4
A
- Dominant and Servient Tenement (1 benefit and 1 burden)
- Right claimed must benefit the Dominant tenement
- Diversity of Ownership and Occupation (different people must own and occupy)
- Must be capable of forming the subject matter of a grant (expressed in a written document)
2
Q
3rd Party Rights in Land Law
Easements must meet the following requirements under Rule 4 Ellenborough Park
4
A
- Similar to existing easements
- No positive requirement for servient owner to expend money
- Must be sufficiently definitive
- No exclusive possession
3
Q
3rd Party Rights in Land Law
3 ways of Creating an Easement
3
A
- Express Grant created by Deed as per s52 LPA 1925
- Implied Grant
- Presumed Grant or Prescription
4
Q
3rd Party Rights in Land Law
Methods of Creation of Easement via Implied Grant
4
A
- Necessity
- Common Intention (it was clearly intended by all)
- Wheeldon v Burrows (if apportioned and sold, all pass by implication to Buyer
- s62 LPA 1925 (rights enjoyed by seller are transferred on sale of part to new owner)
5
Q
3rd Party Rights in Land Law
Requirements for creating an Easement by Prescription
4
A
- Continuous Usage
- For the Prescription Period (20yrs)
- Against Fee Simple
- Must be User as of Right (no force, secrecy etc)
6
Q
3rd Party Rights in Land Law
Methods of creating an Easement by Prescription
3
A
- Time Immemorial (1189)
- Doctrine of Lost Modern Grant
- Prescription Act 1832
20yrs
7
Q
3rd Party Rights in Land Law
Resrictive Covenants are recognised only in..
1
A
Equity
But they do run with the land
8
Q
3rd Party Rights in Land Law
2 Factors must Arise for a Lender to use the Power of Sale
3
A
- Power must have arisen (made by deed and redemption date passed)
- Power must be exercisable (interest 2mths in arrears or capital 3mths)
- A breach of some other term
