Exam (elaborations)
Land Law - Easements Exam With Complete Solutions 100% Verified
- Module
- Institution
Land Law - Easements Exam With Complete Solutions 100% Verified...
[Show more]
Seller
Follow
Braxton
Reviews received
Content preview
Land Law - Easements Exam With CompleteSolutions 100% Verified
What is an easement? Is it legal or equitable? - ANSWER An easement is a proprietary
right which one person has over the land of another. Easements are capable of being
legal under s.1(2)(a) LPA 1925 provided they are created by deed and are either fixed
term or 'forever'. If not the easement will be equitable. Easement can also be implied.
What is the difference between a legal easement and an equitable easement? - ANSWER
The main difference between a legal and equitable easement is their ability to bind a
third party.
How can a legal easement be binding on a third party? - ANSWER Legal easement can
be binding as a notice on the register or as overriding interest under the LRA 2002
schedule 3 para 3.
How can equitable easement be binding on third parties? - ANSWER A An equitable
easement must be entered as a notice on the charges section of the register in order to
be binding on a third party.
How can implied easements be binding on third parties? - ANSWER All implied
easements may be binding as an overriding interest under sch.3 para 3. of the LRA 2002
Which case established the test to apply for easements? what were the facts of this
case? - ANSWER -->Re Ellenborough Park (1956)
The land surrounding Ellenborough Park had been sold for building purposes. Each
owner was given a right in user, upon covenanting to pay a due proportion towards its
maintenance. The park was eventually sold, and the new owners wished to develop the
park area. The court of appeal held that the right to use the park was an easement, and
was binding on the new owners. The case set out 4 essential characteristics which
make an easement.
, What are the 4 characteristics laid down in Re Ellenborough Park? - ANSWER 1) There
must be a dominant and servient tenement
2) The easement must 'accommodate' the dominant tenement
3) The dominant tenement and servient tenement must be different persons. - meaning
the two plots of land must be owned or occupied by different people.
4) The easements must be 'capable of forming the subject matter of a grant' Evershed
MR
Explain the 1st characteristic of Re Ellenborough Park - ANSWER 1) There must be a
dominant tenement and a servient tenement
Dominant tenement - takes the benefit of easement
Servient tenement - carries the burden (grants the easement)
Explain the 2nd characteristic of Re Ellenborough Park give cases - ANSWER 2) The
easement must 'accommodate the dominant tenement'
That is, it must benefit the land and not the owner.
--> Hill v. Tupper (1863) - Benefited the owner, not the land.
--> Moody v. Steggles (1879) - Benefited the land.
-Also, the dominant tenement and servient tenement must be sufficiently close in
proximity in order for the dominant tenement to be benefited.
--> Bailey v. Stephens (1862) - Kent & London was too far to be benefited.
- However, according to Scott L, the benefit may be personal, if it enhances the value of
the land as seen in:
--> Regency Villas v. Diamond Resorts (2015) -
Explain the 3rd characteristic of Re Ellenborough Park giving cases) - ANSWER 3) The
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 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 Braxton. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £13.52. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
64670 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now
Recently viewed by you
Exam (elaborations) ·
NCE Exam All Possible Questions and Answers with complete solution
Summary ·
Ontwikkelingspsychologie samenvatting (Gerontologie: 1-4 & 6-7)
Exam (elaborations) ·
Abdomen ARDMS Exam Review Questions and Answers Latest 2023.
Summary ·
Volledige samenvatting Internationaal Publiekrecht (2022-2023)
Exam (elaborations) ·
HESI COMPREHENSIVE EXAM B(100% CORRECT QUESTION AND ANSWER)NEW!!! UPDATE
Exam (elaborations) ·
Biology 101 - Chapters 1-4 questions and answers 100% verified.
Exam (elaborations) ·
Corporal's Course Seminar 2, questions and answers 100% correct
Exam (elaborations) ·
CPT and HCPCS Coding quizzes with complete solutions 100%pass
