Easements Problem Question Flashcards
What are the four characteristics of an easement from Re Ellenborough Park?
Dominant and servient tenements; Benefit to the dominant tenement; Different ownership of both tenements; Right must be capable of forming the subject matter of a grant.
How can an easement be acquired?
Express grant; Implied grant (necessity, common intention, non-derogation); Prescription (long use “as of right”); Estoppel (detrimental reliance).
Why does Johnny likely not have a legal easement to cross the beach land?
Because his use was with permission, meaning it was a revocable licence, not an easement.
Can permission prevent acquisition of an easement by prescription?
Yes, permission defeats the requirement for “use as of right” (nec precario).
What is an easement of necessity and why doesn’t it apply to Johnny’s case?
An easement necessary for property use when land is otherwise inaccessible. It doesn’t apply because Johnny’s land is not landlocked.
Under what condition can Johnny claim a right to light?
If he can show 20 years (or under the 2009 Act, 12 years) of uninterrupted light use and that the new wall causes substantial interference.
Why can’t the walking club claim an easement of necessity over Johnny’s land?
Easements must benefit a dominant tenement; the club has no such land — it is a fluctuating group, not a landowner.
What type of right might apply if the walking club had consistent long-term public use?
A public right of way, but this would require evidence of dedication and acceptance or long user by the public.
What is the general rule about licences and easements?
A licence is personal and revocable, whereas an easement is a property right attached to land and usually irrevocable.
Can Johnny stop the walking club from crossing his land?
Yes, since they have no legal easement or public right of way over his property.
