Easements

  • Created by: Aimee
  • Created on: 29-12-16 19:49
What is an easement?
Right of a landowner to enjoy limited use of the land of another.
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Dominant tenement
Benefited land
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Servient tenement
Burdened land
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Examples of types of easements
Right of way, right to light, right to water, right to water, right to drainage, right to storage, right to support
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Essential criteria for an easement recognised in...?
Re Ellenborough Park [1956]
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Criteria for an easement to be recognised (4)
1 Dominant and servant tenement, 2 The right must accommodate the dominant tenement, 3 Dominant and servant owners are different persons, 4 Right must be capable of being the subject matter of a grant
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Authority- Land needs to be readily available
London & Blenheim v Ladbroke Retail Parks Ltd [1994]
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Explain- The right must accommodate the dominant tenement
The easement must benefit the land itself (dominant tenement) not the person who owns the land
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Case- Right of a tenement to store coal in his landlord's shed
Wright v Macadam [1949]
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Case- It is not possible to have an easement over your own land
Roe v Siddons [1888]
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Case explain- Quasi-easement
Wheeldon v Burrows [1879]. A potential easement that then becomes an easement
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Explain- An easement as the subject matter of a grant
There must be a capable grantor and grantee, legal capacity
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Authority- Right to storage. The right must not amount to exclusive possession of the servient land
London & Blenheim Estates v Ladbroke Retail Parks Ltd [1994]
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Authority- Right to parking. The right must not amount to exclusive possession of the servient land
Batchelor v Marlow [2003]
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Authority- Mere rights of recreation and amusement will not amount to an easement
Re Ellenborough Park [1956]
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Authority- Must be a right and not a permission
Burrows v Lang [1901]
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Explain- No negative easements. Authority?
No action should be needed on the park of the dominant owner to enjoy the benefit of their easement. Phipps v Pears
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Authority- There should be no expenditure by the servient owner
Regis Property Co Ltd v Redman
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3 methods of creating an easement
Statute, grant, prescription
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Example of a statute as a method for creating an easement
Electricity company putting up pylons over land the belongs to another. They have a right by law to do so.
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Explain- Express grant as a method for creating an easement
The document will expressly grant an easement
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Statute- Easement created by deed
Law of Property Act 1925 s.52(1)
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Statute- Even if the right isn't included in the deed, it can still exist
Law of Property Act 1925 s.62 ensures that any existing easements that benefitted the land are conveyed to the new owner of the land without having to expressly include them in the conveyance.
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Types of implied grant of an easement (2)
Easement by necessity, easement of common intention
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Explain with case- Easement by necessity
Easement is necessary for the land to be useable. Liverpool City Council v Irwin [1977]: Block of flats, implied easement to allow residents to use the stairs, lifts etc.
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Explain with case- Easement of common intention
Wong v Beaumont Property [1956]: The property was let to be used as a restaurant. There was an implied easement to allow a ventilation duct to be installed as it was the common intention for the property to be used as a restaurant
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Is it easier to prove common intention or necessity?
Common intention
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Difference between s.62 LPA 1925 and Wheeldon v Burrows (3)
1 s.62 requires a conveyance for an easement to be created. W v B can create an easement if there is an equitable interest. 2 s.62 requires diversity of occupation, W v B requires common occupation. 3 s.62 allows more rights to be easements
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Is it easier to satisfy s.62 or W v B?
s.62. W v B has additional criteria
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Criteria under Wheeldon v Burrows for quasi-easements (2)
1 "continuous and apparent", 2 "necessary for the reasonable enjoyment of the land"
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Explain- Prescription as a method for creating an easement
Acquiring an easement through long use.
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When an easement is acquired through prescription, it must be shown to be... (3)
Without violence, without secrecy, without consent.
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3 methods for acquiring an easement through prescription
1 common law 2 By lost grant 3 Prescription Act 1832
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Explain- Prescription at common law
Exercised from "time immemorial" (1189). Not a very useful method
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Explain with case- Prescription by lost grant
The presumption that there was once a grant as the easement has been used for such a long time. Bryant v Foot [1867]
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Prescription Act 1832
20 or 40 years of uninterrupted use. Written or oral consent affects the length of this time period.
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The 4 remedies for interference with an easement
Abatement, injunction, damages, nuisance
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Explain- Abatement as a remedy
Allows a person to enter another's land to end the interference
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Case- Injunction as a remedy
Kettel v Bloomfold Ltd [2012]. At the court's discretion, must be for something more than trivial.
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3 methods of extinguishment of an easement
Merger, release, change of character
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Merger as extinguishment
If there is unity of ownership and occupation, an easement will end
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Release as extinguishment
Express, implied or by statute. Presumes there has been abandonment of the easement.
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Case- Change of character as extinguishment
Attwood v Bovis Homes Ltd [2001]
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Other cards in this set

Card 2

Front

Benefited land

Back

Dominant tenement

Card 3

Front

Burdened land

Back

Preview of the back of card 3

Card 4

Front

Right of way, right to light, right to water, right to water, right to drainage, right to storage, right to support

Back

Preview of the back of card 4

Card 5

Front

Re Ellenborough Park [1956]

Back

Preview of the back of card 5
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