Notes drafted by GDL Graduate with distinction. Also suitable for LLB Law.
7 pages of notes relating directly to the topic of Easements in Land Law.
Includes definition of Easements, 4 limb test for easements in Re Ellenborough Park, acquirement of an easement, similarities and differences ...
Definition
Right enjoyed over one piece of land (servient tenement) for the benefit of
another piece of land (dominant tenement) e.g. right of way across a defined
footbath, right to light
Involves 2 separate plots of land
o Easements benefit on one plot of land: dominant tenement
o Places burden on other plot: servient tenement
Is the right capable of being as easement?
4 limb test for easements: Re Ellenborough Park:
1) Must be a dominant and servient tenement
2) Accommodate dominant tenement
3) Diversity of ownership/ occupation of dom and serv tenements
4) Rights must lie in grant
1. Must be a dominant and servient tenement = 2 plots of land
a. London v Blenheim Estates Ltd v Ladbroke Retail Parks: cannot exist
without a dominant and servient tenements in separate ownership
2. Right must accommodate dominant tenement – right must benefit the user of
the land, value of the land or the mode of occupation of the land.
a. Benefit the land = Moody v Steggles
b. Not for personal right = Hill v Tupper
c. Must have sufficient proximity – be nearby = Bailey v Stephens
d. Doesn’t need to be adjacent/ neighbours = Pugh v Savage
3. Dominant and servient tenement must be owned by different people – one
person cannot own both pieces of land
a. Landowner cannot have an easement over his own land; Roe v Siddons
b. Tenant may enjoy an easement over land retained by landlord because
land is not owned and occupied by same person; Wright v Macadam
, 4. Right must be capable of forming the subject matter of a grant – right must
be specific, relate to land and be capable of being condensed into writing to
form a deed
a. Capable grantor and grantee – legal capacity = sound mind, over 18 years
old
b. Right must be for the benefit of a specific piece of land
c. A right within the nature of rights traditionally recognised as easements–
Dyce v Hay: new easements may arise
i. Rights of way; Borman v Griffiths
ii. Rights of light
iii. Rights of support
iv. Rights of storage; Wright v Macadam
v. Rights of signage; Moody v Steggles
vi. Right to water in a defined channel
vii. Right to air in a defined channel; Wong v Beaumont
viii. Rights to use a golf course , swimming pool and tennis court;
Regency Villas v Diamond Resorts
Courts will not recognise new negative easements – Phipps v Pears
Courts may recognise new positive easements – Regency Villas
Additional criteria:
1. Must not require expenditure by servient tenement owner: Regis Property Co
Ltd v Redman
2. Must not amount to exclusive possession
a. Miller v Emcer Products – right to use neighbours toilet allowed
b. Grigsby v Melville – right to store items in a cellar rejected
c. Easement must not leave the servient owner without any reasonable
enjoyment of his land
d. Parking car:
i. Batchelor v Marlow produced a test which was criticised in
Montcrief v Jameson
ii. Test: whether servient owner remains control over the land
iii. Virdi v Chana confirmed Batchelor v Marlow – test is whether
parking interferes with substantially the entirety of the land
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