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Land Law

Land Law. Large Group 6 Easements. 1. What is an easement?. Positive or negative Better than a licence As of right, not with permission. 2. Essential characteristics of an easement. A dominant and a servient tenement The easement must “accommodate” the dominant tenement

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Land Law

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  1. Land Law Large Group 6 Easements

  2. 1. What is an easement? • Positive or negative • Better than a licence • As of right, not with permission

  3. 2. Essential characteristics of an easement • A dominant and a servient tenement • The easement must “accommodate” the dominant tenement • The dominant and servient tenements must not be owned and occupied by the same person • The right over the land must be capable of forming the subject matter of the grant

  4. 2. Essential characteristics of an easement • A dominant and a servient tenement • The easement must “accommodate” the dominant tenement • The dominant and servient tenements must not be owned and occupied by the same person • The right over the land must be capable of forming the subject matter of the grant

  5. 3. Three ways to create an easement • Express grant or reservation • Implied grant or reservation on a sale of part • Prescription

  6. 3.1 Expressly created legal easements • Created by deed (s.52 LPA 1925) • With correct formalities • Granted forever or for a fixed period of time • Registered against both titles

  7. 3.2 Implied grant or reservation on a sale of part • Strict necessity • Common intention • Wheeldon v Burrows 1879 • S.62 LPA 1925

  8. User “as of right” • Nec vi – without force • Nec clam – without secrecy • Nec precario – without permission

  9. s.2 Prescription Act 1832 • Non-light easements • 20/40 years use immediately before the application to court • 20 – all common law conditions apply

  10. s.2 Prescription Act 1832 • 40 – defeated by written consent at the startof the use, but not by written consent given during the use • 40 – servient land can be tenanted for part of the time

  11. s.3 Prescription Act • Rights of light • Doesn’t have to be “as of right” • Oral consent won’t defeat the claim • 20 years only

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