Back to quiz

6. What 4 methods are there for granting an implied easement?

  • Necessity; Common intention; Wheeldon v Burrows; s.62 LRA 2002
  • Necessity; Common intention; Wheeldon v Burrows; s.2 LRA 2002
  • Necessity; Common intention; Crow v Wood; s.62 LRA 2002

7. What are the two methods for an implied reservation?

  • Necessity; Common Intention
  • Common Intention; S.62
  • Necessity: Wheeldon v Burrows
  • Common intention; Wheeldon v Burrows

8. What is the fourth element?

  • the easement must be capable of being the subject of a grant or conveyance of a deed
  • the easement must be capable of being the subject of a grant
  • the easement must be capable of being the subject of a conveyance of a deed

9. What is the first element of the test?

  • There must be neither a DT or ST
  • There must only be a DT
  • There must be a DT and a ST
  • There must only be a ST

10. what is a grant?

  • buyer grants the sale of the land
  • seller gives a right over a part of land given to another
  • seller grants the sale of the land
  • seller retains a right over a part of land given to another

11. What are the 2 additional policy considerations?

  • Must not require positive action by ST owner; no exclusive use
  • Must not require positive action by ST owner; only have exclusive use
  • Must not require positive action by DT owner; only have exclusive use
  • Must not require positive action by DT owner; no exclusive use

12. What is the second element of the test?

  • DT and ST must be owned by different people (even if only in leasehold)
  • DT and ST must be owned by the same people (but never in leasehold)
  • DT and ST must be owned by the same people (even if only in leasehold)
  • DT and ST must be owned by different people (but never in leasehold)

13. What is the servient tenement

  • the land, which the seller owns
  • the land over, which an easement is exercised
  • the land, which the buyer owns
  • the land over, which an easement is a benefit

14. What is the third element?

  • the right being considered must burden the ST
  • the right being considered must accommodate the DT
  • the right being considered must burden the DT
  • the right being considered must accommodate the ST

15. How can an easement be expressly stated?

  • through being written in a document (both legal and equitable)
  • through being written within the deed (legal) or written document (equitable)
  • through being written within a deed (both legal and equitable)

16. What is the test for establishing if a right is capable of being an easement?

  • Regis Property Co Ltd v Redman [1956]
  • Re: Ellenborough Park [1956]
  • Alfred's Case (1610)
  • Crow v Wood [1971]