A clear chart showing the ways in which an easement can be created and the criteria for each method. Express creation, implied acquisition, and prescription. Each is broken down into key points and includes key cases or statutes.
Designed for use during Land Law MCQs (distinction)
▪ Most created this way – on sale of land – in deeds etc.
▪ As separate deal
▪ Very powerful proprietary rights
CAN BE LEGAL:
▪ Must be created for SET time to be legal ALL others are equitable. (LPA 1925
s1(2)(a))
▪ Must be created by deed (obvs deed, signed and witnessed, delivered) &
Registered (LRA 2002 s 27(2)(d))
▪ Then BENEFIT is noted on property register of DT and BURDEN is noted in
charges register of ST title.
CAN BE EQUITABLE
▪ Fits definition if legal but not created properly
▪ May be recognised as estate contracts (if complies with LP(MP)A 1989 s 2
(writing, all terms, signed by both)
▪ No substantive registration needed.
▪ Easements that are otherwise legal but not for set time are equitable – can be
created if formalities are set out in LPA 1925 s 53(1)(a) (in writing, signed by
grantor, no substantive registration needed)
IMPLIED ACQUISITION
NECESSITY
▪ May be implied into document from which it was admitted
▪ Can be implied as grant or reservation (very rare)
▪ Very narrow scope
▪ Only for right of way for landlocked land.
▪ Not for reasonable enjoyment bur without which land cannot be used at all.
(Manjang v Drammeh) river – no impled easement
▪ Pryce v McGuiness – no easements for drainage, sewerage or electricity – still not
implied as not absolutely essential for enjoyment of land.
▪ Adealon v Merton BC – no easement as another land could grant right of way over
theirs instead.
▪ Sweet v Sommer 2015 – WIDER – car when already foot access.
COMMON INTENTION
▪ Narrow scope
▪ Land sold for a particular purpose and cannot be used for that purpose without the
easement.
▪ Intention must be for land to be used in definite and particular manner (Pwllbach
Colliery v woodman)
▪ Also right o use other easement (ie – right to park = right to access parking space
by vehicle)
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