Daniel Hill
Mind Map by Daniel Hill, updated more than 1 year ago
Daniel Hill
Created by Daniel Hill almost 5 years ago


A-Levels Land Law (Easements) Mind Map on Easements, created by Daniel Hill on 04/09/2015.

Resource summary

1 Re Ellenborough Park requirements
1.1 Must be DT and ST
1.1.1 Alfred Beckett v Lyons
1.2 Right must accommodate the DT
1.2.1 Right must benefit the land and not be a mere personal benefit Question is, is right attached to land or only to owner specifically?
1.2.2 Proximity Bailey v Stephens Plots don't have to be physically adjacent but the further the separation, the harder it is to find an easement Re Ellenborough
1.2.3 Nature of the rught Business use Contrast Moody v Steggles and Hill v Tupper Is right used in support of business? If so, capable of being an easement. If used as basis for business, not capable of being an easement.
1.3 Must be capable of being subject matter of a grant
1.3.1 Must be capable of being granted by deed.
1.3.2 Must be sufficiently defined William Aldred's Case
1.3.3 New easements can be found Dowty v Wolverhampton Corporation Except if; They are negative rights Except; right to light and right to building support Prescription Act 1832 Browne v Flower They require positive action of the ST Moncrieff v Jamieson Except maintenance of fences to keep animals in Bolus v Hinstorke
1.3.4 Excessive use Moncrieff v Jamieson Does servient owner retain use and possession of servient land? If yes, use is not excessive
1.4 DT and ST must be owned by different people
2 Creation and formalities
2.1 Legal
2.1.1 Must be created for the equivalent of a legal estate s1(2) LPA 1925
2.1.2 Creation Statute Deed S52 LPA 1925 Must satisfy provisions of S1(2) and (3) of LPA MP 1989 Prescription
2.1.3 Reg. Land Overrides: s70 LRA 1925
2.1.4 Unreg. Land Purchasers take subject to it
2.2 Equitable
2.2.1 Registered land Only legal easements can override reg. dispos. LRA 2002
2.2.2 Unregistered land Must be registered as a land charge
2.2.3 Created if an easement doesn't satisfy requirements of a legal easement
2.3 Express reservation
2.3.1 No need for formal conveyance s.65 LPA
2.4 Implied reservation
2.4.1 Necessity i.e. If the DT is land-locked and can't leave land/access highway except for over other land Pinnington v Galland Manjang v Drameh
2.4.2 Mutual intention
2.5 Implied Grant
2.5.1 s62 LPA 1925 Wright v McAdam Requirements Capable grantor Common Ownership Odey v Barber Must be capable of being an easement Re Ellenborough Must have been conveyed
2.5.2 Wheeldon v Burrows The Quasi-DT must be sold first The quasi-easement must be continuous and apparent The right must be necessary for the enjoyment of the land
2.6 Prescription
3 Similar rights
3.1 Public rights
3.1.1 Right of Way 20 years Uninterrupted Use s31. Highways Act 1980
3.2 Profits A Prendre
3.2.1 Usually natural produce Crops or animals
3.3 Restrictive Covenants
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