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Easements Mock exam question

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Easements past examination question

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  • May 9, 2018
  • 5
  • 2017/2018
  • Answers
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Rishaan was the owner of a large unregistered property. The property
consists of two semi- detached houses, No 1 and No 2. Rishaan lived in No
1.

Five years ago, Rishaan granted Sai a two-year lease of No 2 by deed.

Four years ago, Rishaan gave Sai permission to attach solar panels to the
roof of No 1. The panels provide No 2 with electricity.

Three years ago, Sai’s two-year lease expired. Rishaan immediately
granted Sai a new, seven-year lease of No 2 by deed. The lease does not
contain any express easements.

Last week, Rishaan sold No 1 to Tarun. He transferred the property to
Tarun by deed.

Yesterday, Tarun told Sai to remove the solar panels from the roof of No 1.

Advise the parties:

(i) whether the right to attach the solar panels to the roof of No 1
is capable of being an easement;

(ii) whether Sai acquired that right as an easement; and

(iii) whether Sai can enforce that right against Tarun.

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