An easement is a right over one peace of land for the benefit of another piece of land i.e. right to store
In order to be an easement; a right must satisft the 4 requirements laid down in Re Ellenborough Park
- The DT benefits from the exercise of the right, and the ST, burdened by its exercise of the right, and must be defined at the time of the acquisition of the easement.
- The right must acommodate the DT. Not a mere personal benefit to the current owner., the nature of the claim and proximity are considered.
-The DT and St must be different people (separate legal personalities)
- The right must be capable of forming a subject matters of a grant; including the following
1) Must be capable grantor
2) Grantee must be legally capable of receiving it
3) Right must be definable
4) Issues of new types of easements
Acquisition of Easements
Easements can be legal (statute, deed or prescription)
s62 of the LPA 1925 atuomatically passes to a successor in title all existing rights, priveleges, easements etc, attached to the land
However, requirements must be satisfied
-There must be a conveyance (defined in s205 of the LPA 1925
-The right must exist at the date of the conveyance
Express Grant or Reservation
- This arises where express words can be found in a document granting or reserving an easement.
An Implied Grant arises where no express words of acquistion are present in a document BUT the courts are willing to imply their presence.
- Necessity: An easement is necessary, the easement claimed must be essential to the use of the land, not just merely desirable
- Common Intention: A mutual agreement between parties that the easement was created (Wong v Beaumont Property Trust Ltd (1965)
-Wheeldon v Burrows; 4 conditions
- Rights must not be mere personal conveniences
- Rights must be continuous and apparent
- Rights must be reasonable for the enjoyment of the dominant land
- Right must be existed at the date of transfer.
Easements may also be acquired through a prescription.
The user must show that the right has been enjoyed for 20 years.
Lost Modern Grant
Building must have been built after 1189. The court can assume that the grant was made but had been lost.
Prescription Act 1832
An easement acquired upon establishing either 20 or 40 years' uninterrupted use of right.
Extinguishing an easement:
Unity of ownership; of both the DT and ST extinguishes easements
The servients act upon a promise that he has been released from the burden of an easement.
If the easement has not been used for a long period, this leads to the presumption of abandonment