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Easements Tutorial III
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Keith was registered proprietor of a unit in a retail park. The unit comprises a large buildingand basement. The basement has its own access at the front and back of the unit. The unit also
comprises a loading area at the back, and a parking area for 200 cars at the front, of the
building.
Three years ago, Keith granted Lisa a two - year lease of the basement by deed. Lisa used the
basement as a fast - food restaurant. Shortly after the grant of the lease, Keith told Lisa that
she could put rubbish from the restaurant in the bins in the loading area. He also told her that
her staff and customers could use 100 (of the 200) spaces in the parking area. Lisa has used
the bins, and her staff and customers have used the parking area, since then. Lisa often fills
the bins with rubbish from the restaurant.
Last year, Keith granted Lisa a new, five - year lease of the basement by deed.
Last week, Keith sold the unit to Michelle, who was registered as its proprietor.
Advise Lisa:
(i) whether the right to put rubbish in the bins and the right to use the parking area are capable
of being easements;
(ii) whether they were acquired as easements; and
(iii) whether they can be enforced against Michelle.
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