Week 5 - Third Party Rights

Question 1

Third Party rights means that
someone can hold three parties on
your land. True or False

Answer 1

False. Third party rights are rights over someone else’s

land.

Question 2

What are the three most common

third-party rights?

Answer 2

Easements
Adverse Possession
Covenants

Question 3

Two different ‘lands’ are required in
easements, these are the boss
land and the junior land. True or
False.

Answer 3

False. The correct terms are dominant and servient.

Question 4

Name the four

main forms of an easement

Answer 4

1. Rights of way
2. Rights of support
3. Rights of fencing
4. Rights to make (reasonable) noise as part of
   your ‘quiet enjoyment’

Question 5

Legal easements can only be

created by deed. True or False

Answer 5

False. They can be in a deed (express), but they

can also be implied or prescriptive.

Question 6

Which case sets out the four ‘tests’
of an easement and what are the
four tests?

Answer 6

Re Ellenborough Park (1879)
1. The two forms of land
2. The benefit must lie with the dominant land
3. There must be separate owners
4. The right must lie in grant (be capable of
being deeded)

Question 7

The case of Hill v. Tupper tells us
that easements belong to the
owner and so move with them.
True or False?

Answer 7

False – the rights lie with the land not the owner, so

cannot move with the owner.

Question 8

Name two key cases for adverse
possession and briefly set out the
principles from each.

Answer 8

Powell v. McFarlane (1979)
Factual possession is evidenced by physical
control, with the land being dealt with as the owner
would. Affirmed by J A Pye (Oxford) Ltd. v. Graham
(2002)
Seddon v. Smith (1877) The use of fencing may
demonstrate factual possession, affirmed by
Buckinghamshire County Council v. Moran (1990)

Question 9

Only an unregistered title can be
claimed by adverse possession.
True or False?

Answer 9

False. Either can be affected, but the time limits

vary.

Question 10

What the three key requirements

for proving adverse possession?

Answer 10

1. Factual possession, which must be
   continuous for the required length of time,
   and show ‘ownership’ use.
2. Animus possidendi, the intention to exclude
   all others.
3. The owner cannot have given formal consent
   (lease, license, or permission).