Easements - Statutes

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  • Created by: Edward
  • Created on: 01-03-16 09:34
LPA 1925, s 52
If it is created by deed, it will be legal
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LPA 1925, s 1(2)
An easement is listed as an interest as having the capacity to exist as a legal interest
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LPA 1925, s 62
The benefit of an existing easement (legal/equitable) will automatically pass to a purchaser of the dom land
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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
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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
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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
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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’
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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
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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)
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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

Preview of the back of card 3

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

Preview of the back of card 4

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

Back

Preview of the back of card 5
View more cards

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