Easements

Dominant tenement

the land, which benefits from an easement

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Easement

a right to do something on land belonging to someone else

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Servient tenement

the land over which an easement is exercised

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Grant

seller gives a right over a part of land to another

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Reservation

where he reserves for himself the right over a part of his land, which he is selling

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Re: Ellenborough Park [1956] test for capability of a right to be an easement

1) Must be a DT and ST; 2) Must be owned by different people; 3) right must accommodate DT (Moody v Steggles); 4) capable of being a grant of conveyance of a deed

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Policy conditions to determine if right is acceptable as an easement

1) must not require positive action by the ST owner (Regis Property [1956]) except Crow v Wood [1971]; no exclusive use (Copeland v Greenhalf; London and Blenheim Estates v Ladbroke Retail Parks; Batchelor v Marlow; Virdi v Channa; Kettle v Bloomfold

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The right of an easement must have been validly acquired through a grant

Expressly in the deed or written document; or impliedly through necessity, common intention; wheeldon v burrows; s.62 LPA 1925

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The right of an easement must have been validly acquired through a reservation

Expressly in the deed or written document; or impliedly though necessity or common intention

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Does the burden of an existing easement transfer in the sale of the ST?

requirements for legal status: duration; mode of creation and registered under s.27 LRA 2002

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Does the burden of an existing easement transfer in the sale of the ST?

requirements for equitable status: must satisfy requirement of s.2 LP(MP)A 1989 and cannot be granted orally

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Enforcement against a buyer of a registered ST

Legal easements: under s.27 LRA 2002; Implied easements: overrides the conditions in Sch 3 Para 3 of LRA 2002, if buyer has actual knowledge of it; obvious on careful inspection of the land; or exercised within 1 year before disposition

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Enforcement against a buyer of registered ST

Equitable easements - must always be protected by a notice on the charges register

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Easements

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