10 - Easement

Source: Unlocking Land Law

Following is the summary of this chapter:

1) Characteristics of easement - (a) Dominant and servient tenement, (b) right must be for the benefit of the land (not merely a personal right. Contemplate this rule from the perspective of (i) business use (ii) recreational use (iii) increased use), (c) DT and ST should be owned by different persons, (d) easement must be capable of granting (examine this from the perspective of (i) capability of the parties (ii) right must be definite and (iii) it must be in the nature of easement. See the difference between +ve and -ve right. Fencing can be an easement Lawrence v Jenkins)

2) Easement compared with other rights - Profits a pendre, license, restrictive covenants, public rights, natural rights

3) General principles of easement - (a) Must not impose positive burden on ST (b) must not exclude reasonable use of ST see the case of Batchelor and contrast with Hair

4) Grant of easement - (a) Express, (b) Implied (which can be acquired out of necessity - The Access to Neighboring Land Act, intended easement, rule of Wheeldon v Burrows, s 62 of LPA), (c) Prescription (which can be acquired out of common law, doctrine of lost modern grant, the Prescription Act)

5) Legal and Equitable Easement

6) Extinguishment of easements

7) Changes made by Land Registration Act -  Contrast the difference between legal and equitable