A right to use land of another person or to restrict its user / normally positive: a right of a landowner to do something on neighbouring land
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What are some examples of positive easements?
Right to use a neighbouring lavatory, right to use a clothesline over neighbouring land, right to install gas/electricity etc.
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What are some examples of negative easements?
The right to receive a reasonable quantum of light through a window/skylight etc.
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What rights are NOT held to be easements?
No right to good view over neighbour's land, no right to receive radio or television signals, no protection from weathering
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What is a case example on TV signals?
Hunter v Canary Wharf
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What are the four factors listed in Re Ellenborough Park?
1. Must be a dominant and servant tenement. 2. Dominant and servant owners must be separate people. 3 Easements must accommodate the dominant tenement. 4. The right claimed must 'lie in grant': must be capable of being drawn up in a formal deed of gr
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What is a case example of easements accommodating the dominant tenement?
Hill v Tupper
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How are easements created?
By grant, by reservation or arising by statute law
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What section covers easement by express grant?
S52 LPA 1925
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What easements override?
Easements before LRA 2002 are overriding (13.10.03)
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What types of implied grant are there?
1) Doctrine of necessity. 2) Easements of common intention. 3) The rule in Wheeldon v Burrows (quasi-easements) 4. S62 LPA (arisen by statute)
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What are the requirements to satisfy for Wheeldon v Burrows?
The buyer will be impliedly granted the rights if they were at all times 'material and continuous' and 'necessary for the reasonable enjoyment of that part of the property which was sold off'
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What is a case example of a quasi-easement?
Millman v Ellis
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What is a requirement for an easement arising via S62 LPA?
There must be a triggering conveyancing event
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What is a case example of an easement arising from S62 LPA?
Wright v Macadam: a case where a tenant used her landlord's storage for her coal for free, and when he renewed her lease (triggering conveyancing event) it upgraded the licence to an easement
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What is prescription?
Prescription is where an easement is 'presumed' e.g. where somebody parks their car on neighbouring land for many years uninterrupted, an easement may be presumed/implied by the court as the owner did not object
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What are the rules/how prescription can be claimed?
1. Common law prescription. 2. Lost modern grant. 3. Prescription Act 1832
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What are the three rules that a prescription must meet?
Nec clam, Nec vi, Nec Precario
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What is Nec Clam?
The prescription must have been gained without secrecy, must have been done openly
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What is Nec vi?
The prescription must have been gained without force, no violence
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What is Nec Precario?
The prescription must have been gained without permission
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What doesn't amount to consent?
Mere acknowledgement
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Case example on mere acknowledgement?
Mills v Silver
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What is another rule regarding the law?
The use must be LAWFUL
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Other cards in this set
Card 2
Front
What are some examples of positive easements?
Back
Right to use a neighbouring lavatory, right to use a clothesline over neighbouring land, right to install gas/electricity etc.
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