Easements Notes PDF

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Notes on easements...

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EASEME

What is an easement? is it legal or equitable? An easement is a proprietary right which one person has over the land of another. Easements are capable of being legal under s.1(2)(a) LPA 1925 provided they are created by deed and are either fixed term or 'forever'. If not the easement will be equitable. Easement can also be implied.

Can car parking spaces be considered easements? (give cases) Yes, they can. Car parking spaces can be easements if non-specific. If the parking space is specific; designated/defined/space /time then it could simply be a license or lease. --> Moncrieff v. Jamieson (2007) - Car parking spaces can be easements. However, the less control there is by the servient tenement the less likely it will be seen as an easement. What is the importance of Hair v. Gillman (2000) under s.62 LPA? Hair v. Hillman allowed a license (parking a car) to turn into an easement under s.62 - this is because s.62 suggests any rights, interests, privileges (including licences) are passed on.

What is the main difference between a legal easement and an equitable easement? The main difference between a legal and equitable easement is their ability to bind a third party. Explain the 2nd characteristic of Re Ellenborough Park (give cases) 2) The easement must 'accommodate the dominant tenement' - That is, it must benefit the land and not the owner. --> Hill v. Tupper (1863) Benefited the owner, not the land. --> Moody v. Steggles (1879) - Benefited the land. -Also the dominant tenement and servient tenement must be sufficiently close in proximity in order for the dominant tenement to be benefited. --> Bailey v. Stephens (1862) - Kent & London was too far to be benefited. - However, according to Scott L, the benefit may be personal, if it enhances the value of the land as seen in: --> Regency Villas v. Diamond Resorts (2015) –

Explain the 4th characteristic of Re Ellenborough Park (give cases) 4) The easements must be 'capable of forming the subject matter of a grant' (Evershed MR) How can legal easements That is, it must be be binding on a- third How canofequitable capable being an party? easement binding easement.be There are aon How can implied third parties? number of rules to Legal easementeasements can be be binding on determine this: What case set down the binding as a notice on the third parties? equitable easement criteria for easements? register or as anA must be What areentered the details 4beas A) There must a aof the what are the overriding interest under All implied easements notice the charges characteristics laid capableon3grantor anddown case? the LRA 2002 schedule may be binding as an Explain the 1st section of the register in in Re Ellenborough Park? grantee para 3. overriding interest under characteristic of Re order to be binding Park on a -->Re Ellenborough sch.3 para 3. of the LRA Ellenborough Park third party. 1) There must be a B) The right/interest must Through what statute can (1956) dominant and servient Explain the 3rd2002 an implied easement be sufficiently definitebe(for There must be a tenement characteristic of1) Re it to be on the deed) created? The land around dominant tenement and a 2) The Ellenborough Park (give --> Hunter Canary What iseasement the inmust (explain thev.rule statute) Ellenborough Park was servient tenement 'accommodate' the cases) Wheeldon v. Burrows Wharf - TV signals sold for(1997) building. Each dominant tenement were not tangible enough. (1879)? What is was the Under s.62 of the LPA property owner -3) The dominant tenement The dominant How can an easement be 3) The dominant criteria? 1925; s.62: Unless there granted a benefit right toof use, takes theand the tenement and servient created why is it tenement and servient What do you do in a are words that state the C) The easement must be subject to covenanting to How dolist' you create a legal tenement must be important? tenement musteasement be 'on the -pay When a vendor sells part problem question about contrary, every a servient contribution -different The tenement persons. different persons. -easement? that is, an 'established' What areits implied of a property and retains easements? conveyance of land passes towards upkeep. In due carries the burden (grants (meaning the two plots of An easement is created by easements by necessity the rest the purchaser will all privileges, rights, easement' course theand park was sold, the easement) Expressly by deed for must be owned express grant or -The land of theland dominant -easements The 'list' can be updated and common intention? acquire any continuous Establish there isby an or and and the new owners either fixed term or How do you create an occupied by different reservation. (Easements tenement and the --> Lawrence v. Fen Tigers how areto they created? and apparent quasieasement first, rather advantages. wanted build on it. The What happens if an forever. people.) can also be implied). This servient tenement must equitable easement? how does it work? (give easements necessary for than a licence. The golden (2014) There is no court of appeal held that easement is not created 4) The easements must is important because the be owned OR occupied by easement of 'silence' details and case) the reasonable enjoyment rule is always - Is there abe Before, s.62 used topark work the right to use the by deed or in writing? creation ofinan easement Expressly writing or 'capable forming the different persons. of the land at the time of proprietary right? -.and If aby only where there was was an easement, subject matter of a grant' affects its bindingness. --> Roe .v Siddons (1888) deed but not for a fixed -was (NECESSITY) It is the grant by the owners. there is not then there second conveyance of the D) There should notnew be is binding on the Then the easement is In what ways can an term or forever. If it is an (Evershed MR) any expenditure by ABSOLUTELY necessary to4 nothing to protect. dominant land: owners. The case setthe out most likely implied. easement be implied? - A tenant-landlord equitable easement it will servient tenement owner have the easement. Criteria --> Sovmonts (1979) essential characteristics What areregister the ONLY go in the asbeen a relationship canwhich work. 1. There must Go through alleasement. the requirement ofhave diversity (meaning servient make an methods under which Necessity --> Borman v. Griffith tenement should notEllen pay -notice. (COMMON INTENTION) one owner and characteristics inone Re of occupation. implied reservations can -Borough Common intention (1930) A landlord and It was the common occupier to begin with (A park What is- the oneany main money for easement) occur? the rule in Wheeldon tenant relationship works --> Crow Wood (1971) intention both parties & 2. B) Look creation. - v. difference between theatv.of However, the case of: Burrows fine as it of is different Maintaining fences is an that an easement should 2. 'A' sells part of land, Whether there hasthe been creation an easement --> Platt v.(1879) Crouch (2003) Implied reservation can s.62 of the LPA 1925 occupation exist. which is now 'B's' landand an express under s.62 LPA exception 1925 and Changed the requirement toeasement this occur ONLY under -of otherwise, no 3. At the time the sale if it has, then itsnegative going to the rule in Wheeldon v. diversity of occupation necessity and of easements (e.g a right --> Wongor v. Beaumont 'A' must have been using be legal equitable and Burrows? (meaning an easement common intention. (1965)Necessity forIfif this (easement) thenright on the register. itsit could bedo passed even 'not' to something or toto use land)( thats there be easement across his land implied, isown itan by necessity When creating 'not' an only was one owner anda covenant) of ventilation for the 4. It must continuous orthe common easement under rule beintention? one occupier) restaurant function. apparent (reasonably Implied by to Wheeldon v. of Wheeldon v.and Burrows, E) Nowas 'exclusive Common intention obvious that right was Burrows?...