EASEMENTS Exam Revision
EASEMENTS – Exam Revision
1. What are they?
Easements – are rights, private rights, agreements upon which two individuals base such rights. Enjoyed by one party related to one land of another party, but limited. Eg: Just crossing the path. Conceptually worth remembering, easements originate in early medieval times as customary ways.
Easements are in a general sense, ways in which u can facilitate the use of land of another party.
a. Characteristics from Re Ellenborough Park
b. Don’t forget the need for a servient and a dominant owner…
Characteristics from Re Ellenborough Park:
1. There must be a dominant tenement and a servient tenement (two lands, two estates) – i.e. the right is enjoyed over servient tenement for the benefit of the dominant tenement. A public right of way has only one-piece land, not two and so is not an easement. The two pieces of land must exist and be identified before an easement can be granted (London and Blenheim Estates Ltd v Ladbroke Retail Parks Ltd).
2. The two tenements must be owned by different legal owners – this is because an easement is a right exercised over another’s land and cannot exist over one’s own land (Roe v Siddons).
3. The easement must accommodate the dominant tenement - this means that it must be for the benefit of. Must be reasonably necessary – as in there is no alternative.
4. Capable of forming the subject matter of a grant by Deed.:
I. Cannot give more than you have. (eg: if I own a property, I cant sell but I can sublet.) Have to have a right that is certain/definite for you to be capable of being the subject matter of the grant. Have to know certainly what you are giving and person receiving should know what he is receiving specifically) Once u give an easement can be forever but needs to be specified.
II. Has to be in the nature of the recognised easement – cannot be a new one.
III. No burden on the tenement. Eg: servient spend time/money – not acceptable by the court
IV. Cannot have
1. What are they?
Easements – are rights, private rights, agreements upon which two individuals base such rights. Enjoyed by one party related to one land of another party, but limited. Eg: Just crossing the path. Conceptually worth remembering, easements originate in early medieval times as customary ways.
Easements are in a general sense, ways in which u can facilitate the use of land of another party.
a. Characteristics from Re Ellenborough Park
b. Don’t forget the need for a servient and a dominant owner…
Characteristics from Re Ellenborough Park:
1. There must be a dominant tenement and a servient tenement (two lands, two estates) – i.e. the right is enjoyed over servient tenement for the benefit of the dominant tenement. A public right of way has only one-piece land, not two and so is not an easement. The two pieces of land must exist and be identified before an easement can be granted (London and Blenheim Estates Ltd v Ladbroke Retail Parks Ltd).
2. The two tenements must be owned by different legal owners – this is because an easement is a right exercised over another’s land and cannot exist over one’s own land (Roe v Siddons).
3. The easement must accommodate the dominant tenement - this means that it must be for the benefit of. Must be reasonably necessary – as in there is no alternative.
4. Capable of forming the subject matter of a grant by Deed.:
I. Cannot give more than you have. (eg: if I own a property, I cant sell but I can sublet.) Have to have a right that is certain/definite for you to be capable of being the subject matter of the grant. Have to know certainly what you are giving and person receiving should know what he is receiving specifically) Once u give an easement can be forever but needs to be specified.
II. Has to be in the nature of the recognised easement – cannot be a new one.
III. No burden on the tenement. Eg: servient spend time/money – not acceptable by the court
IV. Cannot have