Land: Easements ✅ Flashcards

Question

Does NECESSITY rule apply to grant and necessity?

Answer 1

Yes - both (although latter rare

Answer 2

YES - both (although reservation = v rare)

Answer 3

1. Land sold/leased for particular purpose (general intention not enough, must be definite, specific, particular) 2. Purpose known to both parties 3. Easement essential to achieve common purpose. May be implied by common intention where necessary for enjoyment of some expressly granted easement. e.g. landlord granted lease with 2 covenants - that must only be used as restaurant and must comply with H&S regs. Premises could not operate as restaurant without complying with H&S regs. Ventilation essential for this compliance. Covenant to only use as restaurant also. For implied reservation, HEAVY BURDEN to show specific easement mutually intended - not enough that seller/landlord had openly exercised right before first transaction. - refusal of implied reservation where landlord had TWO opportunities to reserve it expressly and didn't do so (1) in OG lease and (2) in deed of variation of lease.

Answer 4

GRANT only, not implied reservations!

Answer 5

“all those easements which are necessary to the reasonable enjoyment of the property granted, and which have been and are at the time of grant used by the owners of the entirety for the benefit of the part granted” - implied under rule where owner (A) sells or leases some of their land to an owner or tenant.

Answer 6

1. Only applies where right being claimed would have been a GRANT to the claimant 2. Right must have been ENJOYED AS QUASI-EASEMENT by the seller or the landlord BEFORE the land was divided 3. Quasi-easement must have been CONTINUOUS AND APPARENT (both required - apparent means evidence on land that it exists if carefully inspect land) 4. Quasi-easement must be necessary for the reasonable enjoyment of the dominant land [ 💼 Wheeler v JJ Saunders] C bought farmhouse, D bought adjoining field from same seller. Two means of access t ofarmhouse, one across D’s land. Access had been used as quasi-easement when farmhouse and field were under common ownership. HELD that although other Wheeldon tests were met, the easement was not necessary for the reasonable enjoyment of the farmhouse as the other access was equally convenient 5. The quasi-easement must be in use by the COMMON OWNER AT DATE OF TRANSFER/LEASE of the dominant land In practice often operation of rule in Wheeldon expressly excluded from transfers, contracts and leases.

Answer 7

Grants only, not reservations

Answer 8

Into a CONVEYANCE (i.e. deed) but not into a contract.

Answer 9

📖 s62 LPA 1925: ‘a conveyance of land includes all easements, rights and advantages enjoyed with that land. conveyance = transfer or lease of land by deed ‘ordinary’ interpretation > it’s a word-saving provision, ensures when someone buys freehold land or leases land, buyer/tenants will receive benefit of all existing easements which affect that land, whether expressly or impliedly granted.

Answer 10

s62 has been interpreted as a method by which a brand-new easement can be implied into a document i.e. ‘upgrades’ informal rights into full legal easements. [ 💼 Wright v Macadam Mrs W was tenant of part of house owned by Mr M. During tenancy, M gave W informal permission to store coal in part of his shed which was on his retained land. When W’s lease came tto end, M granted new one by deed. New lease did not mention use of shed. M tried to charge W for use of shed, and she claimed easement of use of shed which could claim without payment. Yes - s62 operates to imply the informal right to use the shed into the new lease as a full legal easement. (unclear why informal permission did not simply imply informal permission into the document).

Answer 11

1. Only applies where right being claimed would have been a GRANT 2. Must have been PRIOR DIVERSITY OF OWNERSHIP of the dominant and servient land 3. An INFORMAL PERMISSION OR LICENCE must have been granted to the occupier of the dominant tenement to use the servient land in some way 4. There must have been a CONVEYANCE (i.e. transfer by deed or legal lease) of the dominant tenement. Note: 2, 3, and 4 are sequential ⏰, so need firstly, prior diversity of ownership of two pieces of land, following division, then need informal permission granted, and then subsequent conveyance of dominant tenement, informal permission can be upgraded to easement at this point and implied into conveyance!

Answer 12

s62 creates implied LEGAL easement, as implied easements take status of document implied into Operation of s62 LPA 1925 in this respect is excluded as a matter of routine in property deals, to avoid any unintended consequences.

Answer 13

More recent cases suggest that requirement of prior diversity of occupation of the dominant and servient land is not necessary where the right is continuous and apparent. [ 💼 P&S Platt v Crouch - s62 will apply to Wheeldon v Burrows situations where land has been divided for first time ie.. no prior diversity of occupation Crouch family owned hotel on riverbank and island midstream, family and hotel moor boats on jetty on shore of island. Use could be said to be quasi-easement as family owned island and land, so could potentially be enjoyed as easement if diversity of ownership ever came around. Crouch fam sold hotel to P, but retained island. Transfer deed did not contain any easement relating to island. s62 LPA did not simply operate on pre-existing landlord and tenant situations; also quasi-easements which as ‘continuous’ and ‘apparent’. [ 💼 Wood v Waddington ^^ these cases simply widen the scope of the statutory provision even further, but it still applies to Wright v Macadam situations :)

Answer 14

Prior diversity of ownership, e.g. Wright v Macadam situation. Here easement will be implied when lease has expired and land re-led to same tenant; or to different tenant, or may even be sold to same or different owner. Applies to quasi-easement like P&S Platt Crouch to imply easement into first lease or transfer deed. Right must be continuous and apparent i.e. exercised recently and regularly. Must be some expectation that will be used regularly in future. NMust be some physical evidence of exercise of right.

Answer 15

Yes - benefit is part of land. It does not matter whether easement is legal or equitable, or whether land is registered or unregistered. BENEFIT WILL PASS WITH DOMINANT LAND. s205(ix) LPA 1925 - land includes an easement, right, privilege or benefit in, over or derived from land. s62(1) LPA - a conveyance of land shall be deemed to include and shall by virtue of this Act be deemed to convey, with the land, all easements, rights and advantages whatsover.

Answer 16

Must be registered in order to be legal easement, so will always be enforceable against new servient owner

Answer 17

Enforceable since ‘legal interests bind the world’ and on transfer of servient land (which triggers compulsory first reg) the express legal easement will be an interest overriding the first reg and will be noted on the charges register of newly registered servient land Sch1 para3 LRA 2002.

Answer 18

Enforceable since ‘legal interests bind the world’ and on transfer of servient land (which triggers compulsory first reg) the express legal easement will be an interest overriding the first reg and will be noted on the charges register of newly registered servient land Sch1 para3 LRA 2002. Will always be enforceable against grantor, but must be protected to be enforceable against new servient owner – by notice entered into charges register of servient land (s32 LRA) If this done, then binding on new owner. If not done, easement is not binding on purchase for value but will bind volunteer (whether protected or not).

Answer 19

Must be protected to be enforceable against new servient owner - Class D(iii) Land Charge must be entered in LC Register, If done, easement binding on the new owner as this = actual notice. If not done, easement not binding on purchaser for money or money’s worth of legal estate. BUT volunteer will be bound

Answer 20

Will be overriding interest LRA 2002, Sch3 para3 provided: Actual knowledge OR reasonably careful inspection obvious OR exercised within 📅 1 year before transfer of servient land

Answer 21

Enforceable in the same was as express legal easement over unreg land i.e. legal interest binds the world and as overriding interest on first registration of land.

Answer 22

Same rules as express equitable easement V vulnerable to being defeated when servient land sold as unlikely will protect it

Answer 23

Same rules as express equitable easement V vulnerable to being defeated when servient land sold as unlikely will protect it

Answer 24

1. prohibitory injunctions to prevent interference with enjoyment of the easement 2. Damages in lieu of injunction or in addition to it 3. Mandatory injunction to remove obstruction

Land: Easements ✅ Flashcards

(48 cards)