Easements and Profits

Question 1

An easement is a right which ________ one piece of land over a ________ piece of land

Answer 1

benefits, different

Question 2

What is the servient tenement?

Answer 2

The land over which a right is enjoyed (burdened land)

Question 3

What is the dominent tenement?

Answer 3

The land enjoying the benefit of a right

Question 4

What are the 4 requirements of a valid easement?

Answer 4

1. There must be a dominant and a servient tenement.
2. An easement must “accommodate” (i.e. benefit) the dominant tenement.
3. Dominant and servient owners must be different persons.
4. The right is capable of forming the subject-matter of a grant.

Question 5

What is a profit a prendre?

Answer 5

The right to take something from land belonging to another

Question 6

A profit a prendre appurtenant is a right _______ to the land.

A profit a prendre in gross is a right ___ _______ to the land and is _________ in its own right

Answer 6

attached, not attached, transferable

Question 7

Generally, how must legal easements or profits be created and how long can they be for (2 options)

Answer 7

Created by Deed
1. Fixed period
2. Unlimited period

Question 8

Equity may recognise an easement if its __ ______ and _______ by both parties

Answer 8

in writing, signed

Question 9

What are 4 ways in which an easement can be created?

Answer 9

1. Express grant or reservation
2. Implied grant or reservation
3. Prescription
4. Statute

Question 10

What is an express grant or reservation?

Answer 10

Where a landowner grants rights to benefit land being sold or reserves rights to benefit retained land

Question 11

When will an implied grant or reservation create an easement?

Answer 11

Due to necessity

Question 12

What are the three requirements for an easement that’s implied by existing use to pass on sale of a landholding?

Answer 12

1. Continuous and apparent
2. Necessary
3. Used by the seller

Question 13

What are two requirements for an easement to be created by prescription?

Answer 13

1. Benefits without permission/payment
2. 20 years

Question 14

Which three types of easement will be treated as a legal easement/interest if they’re held on the terms equivalent to a freehold or leasehold?

Answer 14

1. Statute
2. Deed
3. Prescription

Question 15

To protect a legal easement in registered land (thus binding future purchasers of the servient tenement), the easement must be …

Answer 15

registered

Question 16

How and where will the benefit of a legal easement in registered land appear?

(Clue: think about what, where, and whose title)

Answer 16

As a Notice on the Property register of the dominant tenement title

Question 17

How and where will the burden of a legal easement in registered land appear?

(Clue: think about what, where , and on whose title)

Answer 17

As a Notice on the Charges register of the servient tenement

Question 18

What must equitable easements in unregistered land be registered as to bind a buyer and constitute notice?

Answer 18

D(iii) Equitable easement