4265312
Description
Flashcards by Ravneet Bola, updated more than 1 year ago
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Created by Ravneet Bola
almost 9 years ago
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| Question | Answer |
| Define: Easements | "An easement is a right enjoyed by one landowner over the land of another, both plots usually being in close proximity." - Law Com CP No. 186, paragraph 1.9 |
| Requirements for an easement. | - 2 people - Dominant and Servient Tenement - The right must accommodate the dominant tenement - Dominant and servient owners are different persons - Right must be capable of forming the subject matter of a grant |
| Where are the requirements/criteria for easements laid out? | Re Ellenborough Park 1956 |
| REQUIREMENTS (1) Dominant and Servient Tenement Explain | There must be two pieces of land and the easement must benefit one piece of land (DOMINANT Tenement) by allowing for a right to be enjoyed. Wall v Collins 2007 - easements must be attached to the land itself |
| REQUIREMENTS (2) The right must accommodate the dominant tenement Explain | The easement must benefit the land itself (the dominant tenement) and NOT the person who owns the land. PROXIMITY - Rule of Thumb: if there is a benefit of land its close enough CHANGE OF CHARACTER OF THE BENEFITED LAND? |
| REQUIREMENTS (3) Dominant and servient owners are different persons Explain | Roe v Siddons (1888) 22 QBD 224 Quasi-Easement? - A potential easement that could arise. Therefore if there were a selling of the property then this would arise. --> Wheeldon v Burrows (1879) 12 Ch D 31 |
| REQUIREMENTS (4) Right must be capable of forming the subject matter of a grant Explain | Proprietary right capable of existing at law and therefore it must be capable of being GRANTED BY DEED. - Must be capable grantor and grantee - Right must be sufficiently defined - Not too wide (William's Aldred Case 1610) or too vague (Chaffe v Kingsley 2000) - Right amounts to exclusive possession of the servient land (London & Blenheim Estates v Ladbroke Retail Parks Ltd. 1994 - "MATTER OF DEGREE") - Mere rights of recreation and amusement (Re Ellenborough Park 1956) |
| REQUIREMENTS (5) Additional Points That Will Be Taken Into Consideration By The Courts In Establishing A New Easement: | - Must be a right and not a permission - No negative easements (Phipps v Pears 1965) - No expenditure by servient owner - Law Commission Report No. 327 - recommends fencing easements should become 'land obligations' |
| ACQUISITION | Statute Grant/ Reservation Prescription |
| ACQUISITION Statute | r |
| ACQUISITION Express Grant/ Reservation | Deed LPA 1925 s.62 |
| ACQUISITION Implied Grant/ Reservation - Methods | - Easement by Necessity - Easement of Common Intention - Rule in Wheeldon v Burrows - Compare and Contrast Rule in Wheeldon with s.62 |
| ACQUISITION Prescription | - Methods of acquiring an easement by prescription (1) Prescription at common law (2) By lost grant (3) Prescription Act 1832 |
| REMEDIES | - Abatement - Injunction - Damaged - Nuisance |
| EXTINGUISHMENT | - Merger (Unity of Ownership and Occupation) - Release: Express, Implied, or Statute - Change of Character |
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