Easements
- Created by: jesskeayy
- Created on: 05-05-19 10:45
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- Easements
- Legal right over someone else's property; positive or negative in character
- Positive: right that allows its holder to do something on someone else's land
- Negative: right preventing someone else from doing something on their own land
- An interest in land. Easements will pass on with the land when sold- s.62 Law of Property Act 1925. 'servitude'
- re Ellenborough Park: promised to be kept as 'an ornamental pleasure garden', by means of a convenant when the land was sold
- 4 requirements for an easement: 1. must be dominant and servient tenement
- 2. must accommodate the dominant tenement: enjoyment of land
- 3. both owners must be different persons
- 4. right must be capable of forming subject matter of a grant
- 4 requirements for an easement: 1. must be dominant and servient tenement
- Dominant and servient
- Dominant: tenement which benefits from the easement
- Servient: tenement which accommodates dominant tenement: subject to the easement
- Ackroyd v Smith: it's not for the power of the vendor to create rights not connected with use/ enjoyment of the land.
- The owner of the land cannot render it subject to a new species of burden, s as to bind it in the hands of an asignee
- Dominant tenement requirement reduces ability for people to have rights over land which aren't theirs. Makes land more marketable
- Annexed to land when created: if B grants A an easement in the form of a right of way, and A sells their land, the easement will pass on to the new owner, as it's attached to the land
- Accommodation: (requirement 2)
- must be for the benefit of the land, rather than benefit a person
- Hill v Tupper: C held a piece of land on lease. A owned an inn on the land abutted with and allowed people to use the canal land.
- C 's lease ranted him the sole/ exclusive right or liberty to put boats on the canal
- Separate people (requirement 3)
- If 'A' owns the freehold in two plots of land, they don't need an easement to cross one to get to the other, as they both belong to him
- Subject matter (requirement 4)
- 1. must be a capable grantor i.e. own an estate in land to grant an easement on. Must be legally competent
- 2. Mus be a capable grantee: fee simple/ leaseholder owner of dominant tenement. Can't grant what you don't have
- 3. Right must be definite: cant be loosely defined, i.e. 'right to a good view' will not fulfil the requirement
- 4. Right must follow the general nature of rights traditionally granted
- Hunter v Canary Wharf- building interfered with C's TV reception. No right to an easement, as this would prevent the owner from building on their land
- 5. Right cannot impose positive burden on servient owner. Can't usually require the servient owner to do something
- 6. Right mustn't deprive servient owner of all beneficial proprietorship. Moncrieff v Jamieson
- Copeland v Greenhalf- 6 car spaces for 9 hours a day couldn't be an easement. Servient owner could not retain beneficial proprietorship
- Moncrief v Jamieson: M lived in on area and J another. M's land had an easement onto J's. Agreement made to park his car on J's land
- If an easement leaves servient owner with some use of land e.g. ability to build, this will constitute as reasonable use
- Legal right over someone else's property; positive or negative in character
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