An easement is listed as an interest as having the capacity to exist as a legal interest
2 of 9
LPA 1925, s 62
The benefit of an existing easement (legal/equitable) will automatically pass to a purchaser of the dom land
3 of 9
Law Com No 327 (2011)
The requirement is that the right must be of some practical importance to the benefitted land, rather than just to the right-holder as an ind
4 of 9
Law Com No 327 (2011)
Endorses strict approach re easements of nec – claims are only successful where the land is absolutely inaccessible or useless without the easement
5 of 9
Law Com No 327 (2011)
The use must be such that an ordinary diligent owner, acting in the protection of is/her interests, would have had a reasonable oppty to become aware of the use
6 of 9
Prescription Act 1832, s 2
An easement can be claimed where it is of right ‘actually enjoyed by any person claiming right thereto without interruption for the full period of 20 years’
7 of 9
Prescription Act 1832, s 3
Where a right of light has been actually enjoyed for a full period of 20yrs without interruption, the right becomes absolute and indefeasible unless enoyed by written consent or agreement
8 of 9
Law Com No 327 (2011)
Prescription is valued as a way of ensuring the continuation of facilities that are essential for the use and marketability of land, and of making good omissions in conveyancing (and 6 criticisms)
9 of 9
Other cards in this set
Card 2
Front
An easement is listed as an interest as having the capacity to exist as a legal interest
Back
LPA 1925, s 1(2)
Card 3
Front
The benefit of an existing easement (legal/equitable) will automatically pass to a purchaser of the dom land
Back
Card 4
Front
The requirement is that the right must be of some practical importance to the benefitted land, rather than just to the right-holder as an ind
Back
Card 5
Front
Endorses strict approach re easements of nec – claims are only successful where the land is absolutely inaccessible or useless without the easement
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