Easements

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  • Created by: Georgia
  • Created on: 24-04-17 00:45

1. What 3 other elements must also apply for element 4?

  • must be capable of grantor & grantee; being defined by words/plan; Crow v Wood [1971]
  • must be capable of grantor & grantee; being defined by words/plan; Alfred's Case (1610)
  • must be capable of grantor & grantee; being defined by words/plan; Wheeldon v Burrows
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2. What are the two methods for an implied reservation?

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

3. what is a reservation?

  • where the buyer reserves for himself the right over a part of his land, which he is selling
  • where the seller reserves for himself the right over a part of his lad, which he is selling
  • where the buyer reserves for himself the right over a part of his land, which he is buying
  • where the seller reserves for himself the right over a part of his lad, which he is buying

4. What are the 2 additional policy considerations?

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

5. How can an easement be validly ACQUIRED?

  • through a reservation only
  • through neither a grant nor reservation
  • through a grant or reservation
  • through a grant only
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