Summary
A summary chart of Easements, Land law.
- Course
- Institution
A single page chart showing the key elements of easements in Land Law. Key terms explained. Designed as a prompt for use during MCQs and open book exams.
[Show more]
Seller
Follow
maddi2921
Content preview
EASEMENTS OVERVIEWEASEMENTS A PROPRIETARY RIGHT TO USE LAND THAT BELONGS TO SOMEBODY ELSE.
Right of way, Drainage, Storage, parking on neighbouring land.
CAN BE LPA 1925 s 1(2)(a) LEGAL EASEMENT
LEGAL OR Easement = whole term of freehold or leasehold
EQUITABLE
EQUITABLE EASEMENT
Easement granted not for whole term of freehold or leasehold can only
be Equitable
CAN BE POSITIVE (OVERWHELMING MAJORITY) – Allow Grantee to use servient
POSITIVE OR land in particular way.
NEGATIVE NEGATIVE (Rare – Courts cautious) – They PREVENT the servient land
owner from doing something ON THEIR OWN LAND -giving Grantee right
to receive something.
Only Court recognised = Light (specified aperture), Air, support (from
wall)
CAN BE Land divided
GRANTED OR
RESERVED A Sells half – GRANTS right of way over kept land to get to other half.
GRANTED.
A sells half – RESERVES right of way over sold land to get to kept land.
RSERVED. Strictly construed – any attempt to extend will be denied
CAN BE EXPRESS
EXPRESSLY In deed or lease when land sold or leased. (or at later point by)
OR Most created this way.
IMPLEIDLY
CREATED IMPLIEDLY
Effectively written in to document it was left out of.
Arise by PRESCRIPTION (Have been used openly)
• Exercised OPENLY
• For AT LEAST 20 YEARS.
The benefits of buying summaries with Stuvia:
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
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
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 maddi2921. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.11. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
78252 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now