LAND LAW- EASEMENT (PROBLEM QUESTION AND ANSWER) LATEST 2023 WITH ANSWERS AND ERXPLANATIONS- EXPERT FEEDBACK
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Module
LAND LAW- EASEMENT
Institution
LAND LAW- EASEMENT
LAND LAW- EASEMENT (PROBLEM QUESTION AND
ANSWER) LATEST 2023 WITH ANSWERS AND
ERXPLANATIONS- EXPERT FEEDBACK
Farmer Leonard comes to see you for advice:
1. (i) Farmer Leonard has owned the freehold estate in a piece of land,
Redacres, for many years. Tony has rented a small cottage on this...
LAND LAW- EASEMENT (PROBLEM QUESTION AND
ANSWER) LATEST 2023 WITH ANSWERS AND
ERXPLANATIONS- EXPERT FEEDBACK
Farmer Leonard comes to see you for advice:
1. (i) Farmer Leonard has owned the freehold estate in a piece of land,
Redacres, for many years. Tony has rented a small cottage on this land for
the past two years. The cottage has an access road to the main highway but
it is uneven and unlit and so Farmer Leonard has always allowed Tony to use
the farm’s main driveway instead as it is in far better condition. Two months
ago, Tony purchased the freehold of the cottage from Farmer Leonard. Since
then, however, the two men have fallen out and Farmer Leonard is now
refusing to allow Tony to use the farm’s driveway . Tony is becoming very
abusive and threatening legal action.
2. (ii) Farmer Leonard is also very concerned because he has discovered that
Tony is applying for planning permission to allow him to extend the cottage
substantially which Farmer Leonard fears will block light entering Farmer
Leonard’s garden, workshop and bathroom. Farmer Leonard also fears the
extension will ruin his lovely view over neighbouring fields and impair his
mobile phone signal.
3. (iii) Farmer Leonard is also very angry as he has been storing some heavy
pieces of farm equipment on a strip of land that lies just outside his farm’s
boundary for as long as he can remember. No one had ever questioned this.
However, last week Farmer Leonard received a letter from a person claiming
to be the owner of this land threatening to take Farmer Leonard to court if he
does not move the equipment within 30 days.
Advise Farmer Leonard (all three parts of the question carry equal marks).
(i) In this case, we are advising Farmer Leonard that Tony does in fact have
an easement of right of way to access Farmer Leonard’s main driveway.
In order for an easement to exist, first we must satisfy the elements laid
down by Re Ellenborough Park:
• There is a dominant and servient tenement
• The dominant and servient tenement must not be owned and
occupied by the same person
• The right must benefit the dominant tenement
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