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50 Cards in this Set
- Front
- Back
Re Ellenborough Park |
the four requirements of easements |
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1)Ladbroke Retail parks |
there must be a dominant and servient land |
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2)Hill v Tupper |
the right must accomodate the dominant tenement |
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3)Roe v Siddons |
must be diversity of ownership/occupation of S&D land |
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4)Chaffe |
right must lie in grant |
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Bailey |
s and d land must be sufficiently proximate |
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Dyce |
list of easements can be expanded upon |
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Phipps |
courts are reluctant to acknowledge new negative easements |
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Regis |
servient owner should not be obliged to spend money |
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Jones |
servient owner is under no obligation to maintain and repair |
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Copeland |
an easement cannot exist where it gives the dominant owner exclusive use of the servient land |
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Miller |
nature of the right is influential-toilet had to be exclusive possession but only for a short time |
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Hair |
1 parking space out of 4 is an easement |
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Batchelor |
exclusive weekday use of a parking space could not be an easement |
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Green v Ashco |
the need to constantly seek permission to use the right precludes it from being an easement |
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Express acquisition of an easement |
grant |
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Implied grant |
-out of necessity |
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Pryce |
necessity means it must be essential to the use of the land |
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Manjang |
an alternative less convenient access route may preclude a right of way arising through necessity |
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Adealon |
it may depend upon how realistic the alternative is |
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Nickerson |
implied grant is subject to contrary intention |
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Wong v Beaumont Property trust |
easement can be implied through common intention, where it is essential for a specific use of the land |
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s62 LPA 1925 |
passes all existing rights to successor in title |
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Macadam |
s62-a t's revocable licence to store coal in a coal shed converted upon granting of a new lease into a legal easement |
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s62 LPA criteria |
-there must be a conveyance |
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Payne |
diversity of occupation is not required for an easement of light |
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P&S Platt |
diversity was necessary where the right in question was continuous and apparent |
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Wheeldon v Burrows |
-elevates quasi easements into full easements |
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Kent |
for WvB there must be common ownership and occupation prior to the conveyance |
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Hansford |
the right must be continuous and apparent, eg worn tarmac road across a field |
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Wheeler |
-must be more than a mere convenience |
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Prescription |
-common law |
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Prescription 3 conditions |
-user must be as of right, nec vi, nec clam, nec precario-Mills |
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Common law |
user must show there has been 20 years continuous use. can be rebutted by showing it wasnt used at any time since 1189 |
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Lost modern grant |
20 years of continuous use, courts presume it was done by deed |
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Tehidy |
cant rebut LMG presumption with evidence that a grant was never made |
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Oakley |
it can only be rebutted by evidence that a grant was legally impossible |
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Prescription act 1832 |
-not applicable to rights of light |
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20 years use |
will be defeated by oral or written consent |
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40 years use |
will only be defeated by written consent |
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Flight v Thomas |
an interruption of less than a year will not defeat a claim |
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right to light |
20 yrs use will result in an absolute and indefeasible easement being acquired unless it is by written consent-s3 |
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Legal Easements |
-created by competent grantor |
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Equitable easements |
-created merely in compliance with s53(1)(a) LPA\ |
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Enforcement of easements-Registered land-Legal |
-expressly acquired-must be registered to be automatically binding |
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Enforcement of easements-Registered land-equitable |
express or implied-if entered as a notice it will be binding s32 LRA 2002 |
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Enforcement of easements-Unregistered land-legal |
binds the world |
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Enforcement of easements-Unregistered land-equitable |
-class d3 land charge-will be binding s198 LPA |
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s62 LPA |
benefit of an easement will auto pass to the successor in title |
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Termination of easements |
-merger of S&D land |