Zusammenfassung der Ressource
EASEMENTS
- Proprietary Right - S1(2) LPA
- Over one piece of land (the ST) for benefit of another (the DT)
- Set out in Re Ellenbrough Park
- Must be a DT and an ST, the owner of the
DT will have a right of way over ST
- The right must accommodate the DT -
Must confer a benefit on the DT not a
personal advantage to its current owner
- The DT & ST must be owned by different people
- Easement must be capable of forming
the subject matter of a grant
- Must be a capable grantor
- Must be a capable grantee
- The right must be sufficiently definite -
cannot be so wide or imprecise that it
excludes the reasonable use of the ST
- Right must not amount to exclusive
use and no positive undertaking can
be required from ST
- COPELAND v GREENHALF -
Virtually a claim to possession,
cannot be an easement
- Although - cf with Wright v McAdam where s62
LPA converts a licence into an easement
- Cannot have an easement
over your own land
- Does it increase the value
and marketability of the land?
from HILL v TUPPER
- Must be sufficiently
proximate with each other
- Both must be defined at
time easement is acquired
- CREATION can be by:
- Expressly created by deed s52 LPA
- For registered land must also be
registered under s27 LRA
- Created by Implication
- For necessity - ie if landlocked without
it.MANJANG v DRAMMAH
- NB must be completely locked, if another
inconvenient route, no necessity
- If there was - Common Intention - ie
Essential for the use of the land for a
purpose mutually intended. WONG v
BEAUMONT (restaurant in basement case)
- Quasi Easements - The rule in WHEELDON v BURROWS
- If land sold and owner uses a
shortcut over land retained to
get to the sold part, new
owner would assume they
could use the shortcut to.
- Conditions are:
- Continuous and apparent use -
must be able to see it on
inspection of the property
- Must be necessary to the
enjoyment of the dominant land -
different to absolute necessity
- The shortcut must be in use
immediately before the grant
is made
- S62 LPA - applies to failed grants only
- Can convert a licence into an easement -
WRIGHT v Macadam
- Must be a conveyance
- Prescription - need to show 20 years continuous
use as of right - ie no secrecy
- Binding on third parties?
- Unregistered land
- If legal - created by deed
or by implication - binds
the world
- If equitable - ie no deed, then must be
protected by land charge or won't bind a
BRP for Value Without Notice
- Registered Land
- If legal - binds the world. Express
creation needs a deed and registration.
- Implied easements are legal and have over riding
status under sch3 LRA 02 (providing known to
purchaser/obvious on inspection/used within last year)
- If equitable - ie no deed/not registered,
must be protected as a notice S32 LRA or
will not bind purchaser for value.
Equitable easements do not have over
riding status