Easements

Question 1

What are the four essential characteristics of an easement?

Answer 1

1. Dominant and servient tenement
2. The easement must accommodate the dominant tenement
3. The dominant and servient tenenments are owned by different people
4. The right must be capable of forming the subject matter of a grant.

Re Ellenborough Park

Question 2

What does “the easement must accommodate the dominant tenement mean?” (Re Ellenborough)

Answer 2

There must be a connection between the right and the normal enjoyment of the property

Question 3

The right will be incapable of forming the subject of a grant if it is too wide or vague. Which case?

Answer 3

Copeland v Greenhalf

Question 4

The right to light is not too vague if it concerns the right to light through an aperture (IE a window). Which case?

Answer 4

Colls v Home & Colonial Stores

Question 5

Easements may be created expressly in which way?

Answer 5

By deed, as per s52 of the Law of Property Act 1925

Question 6

If an easement is expressly created by deed and it is legal, how will it be registered?

Answer 6

As a registrable disposition.

Question 7

There is no right to a view or TV reception. Which case?

Answer 7

Hunter v Canary Wharf

Question 8

Aside from expressly, what are the two ways in which easements may be created?

Answer 8

1. Impliedly created

2. Created by prescription

Question 9

What are the threeways easements can be impliedly created?

Answer 9

1. By necessity or common intention
2. By the rule in Wheeldon v Burrows
3. By the magic rule in s62 LPA 1925

Question 10

Where an easement is necessary to enjoy the property it will be deemed to be in the common intention of both parties when a sale of part occurs. Which case?

Answer 10

Wong v Beaument Property Trust

Question 11

If the easement cannot be found to have been created by necessity- what are the four conditions for Wheeldon v Burrows to apply and create the easement?

Answer 11

1. The easement has been the subject of continuous use.
2. The use has been apparent
3. The use is necessary for the reasonable enjoyment of the land.
4. The easement was used as a quasi easement by the seller of the part of the land being sold.

Question 12

Section 62 Law of Property Act 1925 implies words into a conveyance where the land has been sold since the easement was created. True or false?

Answer 12

True

Question 13

In what case was it found that where a piece of land with a license is conveyed, an easement can be created by using s62 of the Law of Property Act 1925 in favour of the buyer of part?

Answer 13

Wright v Macadam

Question 14

Which of the implied ways of creating an easement may benefit a seller?

Answer 14

Strict necessity/common intention

Question 15

What are the five conditions necessary for an easement by prescription?

Answer 15

1. A right granted unchallenged.
2. A right which is exercised openly
3. A right which is not premised on permission
4. Between fee simple absolute owners
5. Continuous for the requisite amount of time

Question 16

How may the conditions for common law prescription be expressed in Latin?

Answer 16

Nec vi, nec clam, nec precari

Question 17

What is the requisite amount of time at common law?

Answer 17

1. Time immemorial (year 1189), or
2. If the easement has been used for twenty years there will be a rebuttable presumption that it has been granted since time immemorial.

Question 18

An easement in Northumbria cannot accommodate land in Kent. Byles J in which case?

Answer 18

Bailey v Stephens

Question 19

A a right to light, although negative, is clearly

within the established rights recognised as easements. Which case?

Answer 19

Allen v Greenwood