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Description
Flashcards by callum casey, updated more than 1 year ago
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Created by callum casey
almost 7 years ago
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| Question | Answer |
| What is an Easement? | An Easement is a right enhoyed by one land owner over the land of another. |
| Whats the Dominant tenemant? | This is the land having the benefit of the easement. |
| What's the Servient Tenemant? | This is the land which bares the burden of the right. |
| Examples of easements: | - Right of way - Right of light |
| Characteristics of an Easement (Re Ellenborough Park) | 1. There must be a dominant & Servient tenemant 2. The right claimed must accomodate the dominant tenemant 3. The dominant & servient tenemant must be different people. 4. Must be capable of being an easement. |
| Whats a restrictive covenant? | A restrictive covenant may sometimes achieve an object which cannot be achieved by an easement. |
| Easements can be acquired in the following ways: | - By Statute - Express Grant or Reservation - Implied Grant or Reservation |
| Remedies awarded to the dominant tenemant if nuisance is proved: | - Abatement (allows the dominant owner to enter the servient land to remove the interferance) - Injunction or damages |
| How can an Easement be extinguished? | - By an act of parliment - By express release - By implied release - Common Ownership |
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