Land Law Q1) c+d)

• An easement is a right of one landowner to make use of another nearby piece of land for the benefit of his own land – rights of drainage

• A profit is a right to go on somebody else’s land and remove from that land something which exists there naturally – grazing rights

• Section 1 (2) LPA 925

Section 2 LP(MP)A 1989

profit must be created by deed

• And profit must not be created by deed

Contractual rights in land

profit must be created by deed

be in writing

must be signed by all parties

must incorporate all terms agreed by parties

validly executed

• Also the remedy of specific performance must be available (court order)

• Walsh v Lonsdale

• A minor interest is a property interest in registered land

• An equitable profit is a minor interest

• An equitable profit is not a minor interest

• Section 29 (1) Land Registration Act 2002

Section 1 LPA 1925

notice must be entered on the title register of the estate which is subject to the interest

enter a restriction on the title register of the estate which is subject to the interest

• Curtis’ equitable profit not protected – cannot enforce against Mark

• Curtis’ equitable profit protected – can enforce against Mark