LAND - Easements

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What is an easement?ius in alieno solo
What case sets out when a right is capable of being an easement?
Criteria from the above case: #1Essentially means there must be two identifiable pieces of land, one of which benefits from the exercis of the right
#2:Must be found to have some for of direct beneficial impact on the dominant tenement. Should be connected to the normal use & enjoyment of the land. A mere personal benefit is insufficient
What case is an example of a right not being an easement for failing this criteria?Where Cl ran a boat business. His lease from LA said 'sole & exclusive right'. D started up a new boat business on same canal. Court held right was for Cl's personal benefit only
Contrast this with which case?Where a right to signage (advert for a pub) was allowed as an easement because the business was so closely connected to the land
Dom & Serv land must be sufficiently proximate (Case):
#3:Easement is a right in alieno solo. Any right that a person may exercise over different parts of his own land is known as a quasi-easement
Case for quasi-easements:
#4:i.e. must be capable of forming the subject matter of a deed
The latter requirement has three additional requirements: #1:So two legal personalities. I.e. couldn't be 'the inhabitants of a village' etc.
In which case was the 'right to a view' held to be too imprecise?
Examples of things capable of becoming easements: Right of way:
Right of light:
Right of storage:
Apart from satisfying the Re Ellenborough criteria, what else must a potential new type of easement be?
Case:Former - Right to protection from the weather, latter - right to TV signal - both not granted
There are three additional criteria that would defeat the capability of a right becoming an easement: #1:
Case:Where the right to hot water was rejected for this reason
Case:Concerned the right to park a van. Claimant always moved the van when asked, therefore was seen as needing D's permission
What is the test for #3: Whether the owner
What is the next stage (if the rigth has suceeded in meeting all above requirements)?
This can happen in a number of ways, name them:
The first method can happen in one of two ways:
How will the court construe the latter?
Case:Where Cl reserved a right of way when selling development land. Claimed that he needed an extensive right of way but court said he should have reserved that at the beginning.
Implied acquisition: there are four key methods:
Necessity: Where it can be shown that the rights existence is…NB - Only really applies in landlocked land
For example if the property is landlocked. Which case failed as there was a means of access by water?
Easements will not be implied out of necessity simply because it would be advantageous to the dom ten (case):Where easements of drainage, sewerage and electricity were refused as the land could still be used in some way
Common intention: Of the parties, when?
Case:Lease, T promised to use premises as a restaurant, control smells & comply with H&S legs
Wheeldon v Burrows: Where a person sells/leases a piece of land the buyer will receive all…NB only applies in grant, not reservation
Three points to prove W v B: The right claimed must be: #1:
To be continuous the right in question need not have been subject to incessant use but there must be…
To be apparent the right must have been discoverable/detectable from…
Case where a right hadn't been used for 11 months but that didn't matter:
Compare this case where it was not necessary:There were two possible, equally convenient, entrances. Only one was deemed necessary
With this case where it was:Where Cl was a poultry farmer and needed alternative access for heavy vehicles. This was deemed necessary
Must be in use by the owner, i.e. seller/leaser (case):
S62 LPA 1925: The normal function of this section is that, if you buy a plot of land and there is an easement already…A word saving provision for conveyancing. Can be excluded
However there is also another function whereby…NB a license can be revoked at will & is not proprietary
What is a good case example?landlord grants lease to T, L gives T permission to store coal in the shed on L’s retained land. Permission turns into a legal easement on grant of new lease or sale of freehold reversion to T or 3rd Party
What does a s62 require?
However there is an exception from which case:D owned hotel + land next to it (w/boat moorings). Sold hotel to Cl but didn't sell other plot w/moorings. Cl claimed that mooring was continuous + apparent. CA said yes.
Where the right is…(i.e. Wheeldon v Burrows w/out #2 (necessary for reasonable enjoyment). In a Q, use W v B first then consider P v C exception to s62.
What kind of situation is a landlord/tenant situation with prior diversity?Traditional application of s62
What kind of situation is one with prior common ownership?Then consider Platt v Crouch
Does S62 apply to reservations and contracts?Only deeds - NB must still satisfy Ellenborough Park, particularly a problem where continual permission is needed (Green v Ashco)
Prescription: Where easements can be acquired where they have exercised the right for at least…Therefore presumed acquiscence by the servient owner. (NB no force, secrecy or permission)

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Created Feb 3, 2012ReportNominate