2837708
Description
Flashcards by Robin Pearce, updated more than 1 year ago
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Created by Robin Pearce
over 9 years ago
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| Question | Answer |
| Case for the essential for an easement? | Re ellenborough Park |
| Essential charactoristics of an easement from re ellenborough Park? | 1. Dominant and Serviant Tenement 2. Accomodation of the dominant tenement 3. tenements are owned by different people 4. Capable of forming the subject matter of a lease Remembers the DADS of Ellenborough Park |
| There will be no easement where there is a benefit purely personal to the current owner of the dominant land | Hill v Tupper Pleasure boats on a canal served the owner not the land. |
| Requirements for meeting the 'subject matter of a deed' test? | 1. Capable Grantor 2. Capable Grantee 3. The right cannot be too wide or vague |
| there is no general easement of light or a right to a good view or an easement to receive a television signal. | Hunter v Canary Wharf Ltd - tv signal |
| The right to park is a matter of .... | The degree of restriction |
| Parking - customers had the right to park in a car park which created few restrictions on the land - this was allowed - case? | London and blenheim estates v ladbroke |
| Parking - the right to park on a small strip of land left little space and was overly restrictive - not allowed - case.... | Bachelor v MArlow |
| parking - the right to store unlimited vehicles indefinitely was highly onerous and not allowed - case... | Copeland v greenhalf |
| 3 ways of creating an easement? | 1. Express Grant 2. Implied grant 3. Prescription |
| Express creation of easements, to be legal they must... | be created by a deed - s. 52 LPA 1925. If so unless otherwise stated they are forever. |
| If an express easement is in writing but not by deed it is.... | an equitable easement only - s. 53(1) LPA 1925 |
| Implied grant - How can these easements be created? | With no formalities if there is a sale of part of the land (i.e the land is split up) |
| Is an easement created by an implied grant legal or equitable? | Legal because they are implied in the transfer documents |
| what are the 4 methods of creating and easement by implied grant? | 1. Necessity 2. Common intention 3. The rule in Wheeldon v Burrows 4. s.62 LPA 1925 Remember New Car Was Shiney |
| How does necessity and common intent arise? | An easement can be created if it is NECESSARY to enjoy the property or was deemed to be in the COMMON intention of the parties when the sale occured |
| Why are necessity and common intent usually together? | Because where something is necessary it is usual that the parties intended it. e.g. where land is completely enclosed by other land a means of access would be needed |
| What is the ratio of Wong v Beaumont property? | A restaurant was required by law to build an extraction fan across adjoining land - held that an easement of necessity had been created |
| What does the rule in wheeldon v Burrows state? | That a buyer of part can get an implied easement where the right is:- 1. Continuous, and 2. Apparent, and 3. Necessary for reasonable enjoyment of the land 4. being used as a quasi-easement by the seller for the benefit of the land being sold |
| within Wheeldon v Burrows what is continuous and apparent? | to be continuous and apparent the feature must be present with a degree of physical PERMANENCE which is APPARENT on inspection Ward v Kirkland |
| Within Wheeldon v Burrows what is necessary? | necessary in this context is less onerous than necessary for other forms of implied grant. |
| What can s.62 LPA 1925 do? | Imply words into a conveyance where the land has been sold since the easement was created. |
| Which case interpreted s.62 LPA to mean that a license over land could be turned into an easement when the land was sold? | Wright v MacAdam |
| What is an easement created by prescription? | A right that has been used unofficially for a long time |
| What are the 3 common law conditions that must be satisfied for an easement by prescription? | 1. The landowner must have acquiesced the right 2. the user and owner were both fee simple owners of the land 3. It must be continuous for the requisite amount of time |
| How can the landowner acquiesce? | The right must have remained unchallenged by the landowner and exercised openly not on the basis of permission |
| 3 ways that the 'requisite amount of time' can be determined? | 1. Common Law 2. Lost modern grant 3. The prescription act 1932 |
| Requisite amount of time - Common law What is the common law route of proving the requisite amount of time? | if you can show 20 years use it is taken to mean use since time immemorial. Can be rebutted on the evidence |
| Requisite amount of time - Lost Modern Grant What is the lost modern grant route of proving the requite time? | If continuous use for 20 years could be shown then it was assumed the right was granted by a deed but the deed was lost. It is possible to have a break in usage and still get an easement - Mills v Silver |
| Requisite amount of time - Prescription Act 1832 What is the Prescription Act 1832 route of proving the requite time? | s. 2 allows non-light easements not to be defeated if they have been used for 20 years to the date. s. 4 ignores breaks of upto a year |
| Easements can be extinguished by which 3 ways? | 1. Release by deed 2. Owning the land with both the dominant and servient tenement 3. Abandonment |
| Case on abandonment? | Moore v Rawson There was a right to light over a window. A building was later made but it was held that the right was abandoned when a windowless building was built |
| Does the benefit of an easement pass? | Yes, automatically under s. 62 LPA 1925 |
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