Proprietary Rights - Easements Flashcards
(18 cards)
An easement must be “positive” in nature. Which of the following is a valid positive easement?
A. Right of way
B. Right to light
C. Right to support
D. Right to exclude the servient owner
A. Right of way
Explanation: Positive easements confer a right to use another’s land (e.g. passage). Rights to light/support are negative; exclusion is not recognized
Which “capability” test from Re Ellenborough Park must be satisfied for an easement?
A. The right must enhance the land
B. The dominant and servient tenements must be separately owned
C. The right must be for a term of years absolute
D. The servient owner must pay for maintenance
B. The dominant and servient tenements must be separately owned
Explanation: One cannot hold an easement over one’s own land; DT and ST must be vested in different owners
Which of these is a disqualifying factor that defeats an easement?
A. Benefit to the dominant tenement
B. Continuous and apparent use
C. Requirement of servient owner’s permission each time
D. Grant by deed
C. Requirement of servient owner’s permission each time
Explanation: If the DT must ask leave each time, the right is not “as of right” and cannot be an easement
All of the following are recognised categories of easement except:
A. Rights of way
B. Rights of drainage
C. Rights of hot-water supply
D. Rights of car parking
C. Rights of hot-water supply
Explanation: Courts limit easements to established categories (way, water, parking, support, light, etc.); requiring repair or hot-water is expenditure, not an easement
A’s conveyance to B by deed expressly grants a right of way over A’s retained land. That easement is:
A. Only equitable until registered
B. Legal immediately upon grant and registration for registered land
C. Implied under Wheeldon v Burrows
D. Implied by necessity
B. Legal immediately upon grant and registration for registered land
Explanation: Express grants by deed are legal easements once registered on the Charges Register
C sells part of her land to D without reservation, but D has no other access. A right of way is implied by:
A. Express grant
B. Prescription
C. Necessity
D. Proprietary estoppel
C. Necessity
Explanation: Where a landlocked DT has no access otherwise, an easement of way is implied by necessity
E owns two adjoining parcels and before sale uses a path over the retained part. On sale to F, without express grant, F acquires a right of way under:
A. Section 62 LPA 1925
B. Prescription Act 1832
C. Proprietary estoppel
D. Wheeldon v Burrows
D. Wheeldon v Burrows
Explanation: F acquires quasi-easements that were continuous, apparent, and necessary at the time of grant
G has used H’s driveway openly and without permission for over 25 years. On G’s claim to formalise it, the court finds a legal easement by:
A. Express grant
B. Wheeldon v Burrows
C. Section 62 LPA 1925
D. Lost modern grant prescription
D. Lost modern grant prescription
Explanation: 20 years’ continuous use without force, secrecy, or permission creates a legal easement by lost modern grant
I and J agree orally that I may cross J’s land. No other steps taken. I’s right is:
A. A legal easement under s 62 LPA 1925
B. An equitable easement by prescription
C. No easement (oral agreement insufficient)
D. An implied easement by common intention
C. No easement (oral agreement insufficient)
Explanation: Express grants require deed; verbal promises do not create legal or equitable easements absent estoppel
K conveys land to L by deed but omits express reservation of his own easement. L later grants M a right of way. K seeks to reserve a right back by:
A. Implication under necessity
B. Wheeldon v Burrows
C. Prescription
D. Section 62 LPA 1925
D. Section 62 LPA 1925
Explanation: On a conveyance by deed, s 62 can import pre-existing quasi-easements into legal easements if continuous and apparent
N tells O for 30 years “use my path”—O relies and spends money improving it. On dispute, O enforces a right of way by:
A. Express grant
B. Prescription under the Act
C. Proprietary estoppel
D. Necessity
C. Proprietary Estoppel
Explanation: N’s representation and O’s detrimental reliance (improving the path) gives rise to an equitable easement by proprietary estoppel
P has been orally permitted by Q to store materials on Q’s land for 50 years. Q then revokes permission. P cannot claim by prescription under the Act because:
A. Storage is not a recognised easement
B. It was by force
C. It was with permission
D. It lacked necessity
B. It was with permission
Explanation: Prescription requires use “as of right” (without force, secrecy, or permission); permission defeats both lost grant and Act claims
Which necessity threshold applies for an easement implied by strict necessity?
A. Only where the DT is land-locked with no other access
B. Where the easement merely enhances the DT’s value
C. Where there is a common intention but other access exists
D. Where the right is continuous and apparent
A. Only where the DT is land-locked with no other access
Explanation: Strict necessity arises only to provide basic access to a land-locked parcel; anything less falls to lower necessity tests
Under s 62 LPA 1925, which is not required to import quasi-easements?
A. Conveyance by deed
B. Continuous and apparent use
C. Strict necessity
D. Grant (not reservation) of part
C. Strict necessity
Explanation: Section 62 does not require the easement to be strictly necessary—only that the quasi-easements were continuous, apparent and capable of being granted by deed
A sells part of her land to B by deed. Before sale, A irrigates using a pipe across the sale parcel, though other watering options exist. B claims an easement under s 62. The court will find:
A. A legal easement (continuous, apparent, no necessity needed)
B. No easement (strict necessity lacking)
C. Equitable easement by prescription
D. Nothing—must use Wheeldon v Burrows
B. No easement (strict necessity lacking)
Explanation: s 62 does not require necessity, but the pipe use was not sufficiently continuous and apparent to import as an easement (insufficient factual basis)
C has used D’s footpath openly for 15 years, then stopped for 10. On resuming, C claims by lost modern grant prescription. The court will hold:
A. Easement established (prior 20-year block)
B. Easement fails (interruption resets the clock)
C. Easement by Prescription Act (requires 20 years immediately prior)
D. Easement by necessity (no other access)
A. Easement established (prior 20-year block)
Explanation: Lost modern grant allows a non-continuous but provable 20-year period; interruption does not defeat an earlier block
Which of these is not a recognised negative easement category?
A. Right to subjacent support
B. Right to lateral support
C. Right to hot-water supply
D. Right to light
A. Right to subjacent support
Explanation: Subjacent support is recognised; hot-water supply is never an easement (expenditure is required)
E and F unite title to both DT and ST lands and hold them as one estate without reservation. Which occurs?
A. The easement is extinguished by merger
B. The easement becomes a legal right
C. The easement converts to a negative easement
D. The easement persists against successors
A. The easement is extinguished by merger
Explanation: When DT and ST unite in the same ownership and possession without reservation, the easement automatically merges and is extinguished
