942371
Description
Mind Map by graceanneblackbu, updated more than 1 year ago
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Created by graceanneblackbu
almost 11 years ago
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Easements: What is
it?
- Re Ellenborough Park
- Dominant/servient tenement
- Diversity in occupatio
- Canham v Frisk: easement
suspended if owned by same
person
- Canham v Frisk: easement
suspended if owned by same
person
- Right must
accomodate dominant
tenement
- Unless a profit a prendre
- Unless a profit a prendre
- Capable of forming
subject matter
- Capable
grantee/granor
- 18yrs of over and of
sound mind
- Right sufficiently
definite
- 'wander freely' Re
Ellenborough Park
- 'protection from the
weather' Phipps v Pears
- 'good view' Aldred
- 'privacy' Browne v Flower
- 'TV signal' Hunter v Canary Wharf
- 'wander freely' Re
Ellenborough Park
- 18yrs of over and of
sound mind
- Capable
grantee/granor
- Be analogous to existing
easements
- Place no positive burden on servient
owner
- Exception of Jones v Price
- Exception of Jones v Price
- Not totally exclude servient owner
- If a right amounts to possession
rather than mere use it will be
considered too excessive
- Copeland v Greenhalf
- Grigsby v Melville
- Copeland v Greenhalf
- If a right amounts to possession
rather than mere use it will be
considered too excessive
- Dominant/servient tenement
- Commercial easements
- Hill v Tupper
- has to be sufficiently
connected to land
- has to be sufficiently
connected to land
- Moddy v Steggles
- benefited pub located on DT
- benefited pub located on DT
- Platt v Crouch
- easement for benefited DT
- easement for benefited DT
- Hill v Tupper
- Car Parking
- London & Blenheim Estates Ltd v
Ladbroke Retail Park
- Test of whether it
would leave servient
owner without any
reasonable use of
land
- Test of whether it
would leave servient
owner without any
reasonable use of
land
- Batchelor v Marlow
- RIght of use was too excessive
- Curtailed altogether for intermittent periods
- Curtailed altogether for intermittent periods
- RIght of use was too excessive
- Moncrieff v Jamieson
- Right of access amounts to right to park
- Right of access amounts to right to park
- London & Blenheim Estates Ltd v
Ladbroke Retail Park
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