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50 Cards in this Set
- Front
- Back
Re Ellenborough Park
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the four requirements of easements
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1)Ladbroke Retail parks
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there must be a dominant and servient land
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2)Hill v Tupper
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the right must accomodate the dominant tenement
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3)Roe v Siddons
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must be diversity of ownership/occupation of S&D land
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4)Chaffe
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right must lie in grant
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Bailey
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s and d land must be sufficiently proximate
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Dyce
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list of easements can be expanded upon
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Phipps
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courts are reluctant to acknowledge new negative easements
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Regis
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servient owner should not be obliged to spend money
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Jones
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servient owner is under no obligation to maintain and repair
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Copeland
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an easement cannot exist where it gives the dominant owner exclusive use of the servient land
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Miller
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nature of the right is influential-toilet had to be exclusive possession but only for a short time
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Hair
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1 parking space out of 4 is an easement
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Batchelor
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exclusive weekday use of a parking space could not be an easement
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Green v Ashco
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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
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grant
reservation |
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Implied grant
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-out of necessity
-out of common intention -s62 -Wheeldon v Burrows Rule |
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Pryce
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necessity means it must be essential to the use of the land
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Manjang
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an alternative less convenient access route may preclude a right of way arising through necessity
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Adealon
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it may depend upon how realistic the alternative is
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Nickerson
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implied grant is subject to contrary intention
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Wong v Beaumont Property trust
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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
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passes all existing rights to successor in title
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Macadam
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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
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-there must be a conveyance
-right must exist at the date of the conveyance-Penn -there must be diversity of occupation prior to conveyance-Sovmots |
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Payne
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diversity of occupation is not required for an easement of light
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P&S Platt
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diversity was necessary where the right in question was continuous and apparent
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Wheeldon v Burrows
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-elevates quasi easements into full easements
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Kent
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for WvB there must be common ownership and occupation prior to the conveyance
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Hansford
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the right must be continuous and apparent, eg worn tarmac road across a field
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Wheeler
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-must be more than a mere convenience
-right must be necessary for the reasonable enjoyment of the dominant land |
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Prescription
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-common law
-lost modern grant -prescription act 1932 |
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Prescription 3 conditions
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-user must be as of right, nec vi, nec clam, nec precario-Mills
-user must be continuous, 3 times in 20 years was insufficient-Hollins -user must be by/on behalf of a fee simple owner against another |
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Common law
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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
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20 years of continuous use, courts presume it was done by deed
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Tehidy
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cant rebut LMG presumption with evidence that a grant was never made
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Oakley
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it can only be rebutted by evidence that a grant was legally impossible
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Prescription act 1832
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-not applicable to rights of light
-must establish either 20 or 40 years uninterrupted use |
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20 years use
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will be defeated by oral or written consent
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40 years use
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will only be defeated by written consent
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Flight v Thomas
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an interruption of less than a year will not defeat a claim
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right to light
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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
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-created by competent grantor
-created by deed s52 LPA -equivalent in duration to a legal estate in land-s1(2)(a) LPA -expressly acquired by grant or reservation -reg land-reg in accordance w s27(2)(a) LRA 2002 |
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Equitable easements
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-created merely in compliance with s53(1)(a) LPA\
-created by an equitable estate owner -failue of legal formalities, but still an enforceable contract-Walsh v Lonsdale |
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Enforcement of easements-Registered land-Legal
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-expressly acquired-must be registered to be automatically binding
-impliedly acquired-overriding interest under sch3 para 2, must be actually known to the purchase, obvious on reasonably careful inspection and exercised w/n 1 year prior to disposition |
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Enforcement of easements-Registered land-equitable
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express or implied-if entered as a notice it will be binding s32 LRA 2002
-if not entered as a notice, will not bind a purchaser for value-s29 LRA -will not be an overriding interest |
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Enforcement of easements-Unregistered land-legal
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binds the world
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Enforcement of easements-Unregistered land-equitable
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-class d3 land charge-will be binding s198 LPA
-if not registered, will not bind a purchaser of a legal estate, s4(6)LCA |
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s62 LPA
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benefit of an easement will auto pass to the successor in title
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Termination of easements
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-merger of S&D land
-release-express, implied or statute -change of character-Attwood-change of use if D land which leads to substantial increase in the burden on the S Land-easement may be terminated |