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Easement Law Principles

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Questions and Answers

What is an essential requirement for an easement?

It must be used for a commercial purpose
It must have a dominant and servient tenement with diverse ownership (correct)
It must be used for a particular purpose
It must provide a direct benefit to the owner

What is the primary purpose of an easement?

To impose an obligation on the servient tenement
To provide a benefit to the land (correct)
To restrict the use of land
To transfer ownership of land

What is an example of an easement?

A right to park on someone else's land (correct)
A right to use someone else's land for farming
A right to sell someone else's land
A right to build on someone else's land

What is a key characteristic of an easement?

It is a legal right over someone else's property (C) Signup and view all the answers

What is a requirement for the creation of an easement?

The right must be sufficiently certain (C) Signup and view all the answers

What is the main limitation of an easement?

It can only be used for the purpose intended when it was created (C) Signup and view all the answers

What is the significance of the 'Jelbert v David' case in relation to easements?

It turned an easement into a campsite (D) Signup and view all the answers

What is the requirement for the diversity of ownership in relation to easements?

The dominant and servient tenements must have different owners (C) Signup and view all the answers

What is the significance of the 'Copeland v Greenhalt' case in relation to easements?

It showed that an easement can be used to block a road (D) Signup and view all the answers

What must be sufficiently certain in the grant of an easement?

The right being granted (A) Signup and view all the answers

What is the primary concern of an easement?

The benefit of the land (D) Signup and view all the answers

Which of the following is a characteristic of an easement?

A right over someone else's property (D) Signup and view all the answers

What is the significance of the 'Philips v Pear' case?

It established the requirement of dominant and servient tenement (D) Signup and view all the answers

What is the limitation of an easement?

It must be used for the same purpose it was intended (D) Signup and view all the answers

What is the consequence of an easement that prevents the use of land?

It is invalid and cannot be enforced (D) Signup and view all the answers