100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Land Law - Easements (Exam Plan) $7.73   Add to cart
Quickly navigate to
Preview
  2.  
  3. GDL
  4.  
  5. GDL
  6.  
  7. GDL

Exam (elaborations)

Land Law - Easements (Exam Plan)

2 reviews
 21 views  0 purchase
  • Course
  • GDL
  • Institution
  • GDL

These notes cover most of the topics taught on the postgraduate conversion courses in the UK (the GDL and the PGDL). They can also cover many introductory papers taught on UK undergraduate Law degrees (LLBs). This document is written in the form of step-by-step exam plans. Compared to standard n...

[Show more]

Preview 2 out of 11  pages

Document information

  • July 20, 2023
  • 11
  • 2021/2022
  • Exam (elaborations)
  • Questions & answers

Subjects

  • land law
  • land
  • law
  • gdl
  • pgdl
  • easements
  • property
  • property law

Written for

  • GDL
  • GDL
  • GDL
All documents for this subject (73)

2  reviews

review-writer-avatar

By: akatiesutton • 6 months ago

review-writer-avatar

By: noamanhmalik • 7 months ago

Seller

avatar-seller
lawnotes08

Reviews received

Content preview

Land Law - Easements

[STEP 1] Diagram & introduce scenario

N.B. diagram will not be graded, it is optional to help keep track of facts

EDIT DIAGRAM TO FIT FACTS



ROAD / PATH




P FIELD
A
T
H




HOUSE




The issue here is whether [INSERT C] has an easement to / of [INSERT WHAT THE
EASEMENT MAY ALLOW]. If so, [C can stop D from building an extension etc.].

[STEP 2] Is the right capable of being an easement?

Is the right capable of being an easement?

The Court of Appeal held that there are four necessary characteristics to be an
easement (Re Ellenborough Park):

1) There must be a dominant tenement (a parcel of land with the benefit of an
easement) and a servient tenement (a parcel of land with the burden of it);

, 2) An easement must accommodate (i.e. benefit) the dominant tenement;
3) The dominant and servient tenements must not be owned and occupied by the
same person; and
4) The right must be capable of forming the subject matter of a grant.

Dominant and servient tenement

There cannot be an easement where an owner of land grants a right to a non-owner of
land, i.e. ‘There can be no such thing as an easement in gross’ (Rangeley v Midland
Railway Co). This would amount to a licence.

Accommodate/benefit

Benefit means that the right is connected with the normal enjoyment of the land, which
is a question of fact (Re Ellenborough Park).

- As Byles J remarked, ‘a right of way over land in Northumberland cannot
accommodate land in Kent’ (Bailey v Stephens).

Not owned and occupied by the same person

- A lease arrangement where a landlord grants a lease of part of his property to a
tenant counts, as although the dominant and servient tenants would be owned by
the same person, they are occupied by different people.

- The right may be a quasi-easement if one person owns and occupies both pieces
of land. This can then be implied as a full easement upon the conveyance of the
land in question (see below).

Right capable of forming the subject matter of a grant?

There must be a capable grantor with the power to grant the right, and grantee with the
power to receive the right. X has the power to grant the [INSERT EASEMENT RIGHT]
and Y has the power to receive it.

The are three further questions that must be considered (set out in Re Ellenborough):

1) Is the nature of the right claimed sufficiently clear, and not too wide or vague?

Case law examples:

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller lawnotes08. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $7.73. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

72042 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$7.73
  • (2)
  Add to cart