Literature Quiz / Land Law - Easements

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Can you name the Land Law cases for Easements?

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The characteristics of a right capable of an easement are defined in
1. There must be a dominant & Servient Tenement
2. The right must accommodate the dominent tenement - the land itself, not a personal benefit
Hanging a sign for an old, established pub was held to benefit the land itself
A right to use a communal garden was held to be a higher benefit to the land
Sufficient Proximity between dominant & servient land
Remoteness - 'You cannot have a right of way over land in Northumberland for the benefit of land in Kent'
3. Diversity of Ownership
4. The right must lie in grant (Deed) - It must be capable of reasonably exact description (Not for a view)
You cannot have an easement for an unspecified area
You can't have an easement of privacy
It must be judicially recognised or analogous to a previously recognised easement - The list is not closed
eg. A right to shared storage, by analogy, became a right to park
New negative easements are prohibited
Easements - A right of way
Easements - A right of light
Easements - A right to hang washing
Easements - A right to use a garden
Easements - A right to use a lavatory
Easements - A right to pollute water
Easements - A right to water in a defined channel
Easements - A right to cause a nuisance
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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