Topic | Case |
Easements - A right of drainage (& other pipeline rights) | |
Limitations - The servient owner must not incur additional expenditure (Hot water; Lift) | |
..Yet this may be allowed subject to reimbursement | |
Limitations - Easements must be exercisable as of Right (requiring permission will defeat this) | |
Limitations - The right must not amount to Exclusive Possession | |
Ex. Possession 1 - Whether the Servient owner is left with the reasonable use of his land (6 parking spaces, all day) | |
Allowed when parking sporadically, or 1 in 4 spaces | |
Ex. Possession 2 - Where the owner retains possession & control of the land (High Threshold) | |
ither test may apply - Moncrieff applied in 2012 | |
1. Acquisition - Implied by Necessity, Extremely high threshold (Gambian River) | |
2. Acquisition - Implied by Common Intention (Air Ventilation) | |
3. Acquisition - Implied by the rule in ... (Quasi-Easements) | |
WvB - Quasi Easements must be Continuous & Apparent (common sense rule) | |
WvB - QE easement used 11 months prior was deemed continuous | |
WvB - QE must be Necessary for the Reasonable Enjoyment of the Land, Not just a privilege (Concrete Road) | |
4. Acquisition - Implied by Grant (s62 LPA) upon new conveyances of estate | |
s62 LPA - There is no longer a requirement for prior diversity of occupations (D&S Land) | |
5. Implied by Prescription - If exercised over 20 years, it becomes an easement. There must be Continuous Use | |
The right cannot have been exercised by force or in Secrecy (Secrecy) | |
The right cannot have been exercised with Permission | |
Extinguishing Easements - Implied Release by fixed intention never to assert the right (175 years was insufficient) | |
A blocked right of way, that was not quite impassible was not abandonned | |
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