Definition

Terminology

Re Ellenborough Park
Which Rights Can Be Easements?

1. There must be a serviant and dominant tenement

2. The DT and ST must be different persons

3. The Easement Must Accommodate The DT Tenement:

3. The Easement Must Accommodate The DT Tenement
Key Cases

3. Must Accommodate the DT Tenement:
What does not accommodate DT?

3. Must Accommodate DT
Is Proximation Necessary?

3. Must Accommodate DT
Recreational Easements

4. Right Must Be Capable of Forming Subject Matter of Grant:

4. Must Be Capable of Forming Subject Matter of Grant:
the right must not be too exclusive

4. Must Be Capable of Forming Subject Matter of Grant:
the right must not be too exclusive
Key Tests

4. Must Be Capable of Forming Subject Matter of Grant:
Negative Easements

4. Must Be Capable of Forming Subject Matter of Grant:
Negative Easements
Right to Light

Acquisition of Easements
Express Creation

Acquisition of Easements
Implied Creation

Acquisition of Easements
Implied Creation
Necessity

Acquisition of Easements
Implied Creation
Wheeldon v Burrows

Acquisition of Easements
Implied Creation
s.62 LPA

Wheeldon v Burrows v S.62 LPA

Prescription

Losing Easements

Formalities