Legal Easements and Their Creation
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Questions and Answers

What is a requirement for an express legal easement to be considered valid?

  • It must be created by a deed and substantively registered. (correct)
  • It must be granted for an indefinite period without documentation.
  • It must be expressively verbalized between parties.
  • It must have a specific monetary value attached to it.

    • Which of the following statements about implied easements is true?

  • A right-of-way easement can be implied for any type of property.
  • Implied easements can be established based on verbal agreements.
  • Easements by necessity can be implied if an alternative exists.
  • An implied easement is essential for the use of the dominant tenement. (correct)

    • What happens if an easement is not properly documented in writing?

  • It becomes automatically void after a year.
  • It may still be considered equitable if there is a signed agreement. (correct)
  • It can be enforced through verbal consent if witnessed.
  • It cannot be considered valid under any circumstances.

    • Which of the following is NOT a condition for the establishment of an easement by necessity?

    <p>The easement must be advantageous to the dominant tenement.</p> Signup and view all the answers

    In the context of easements, which of the following is a requirement for the express legal easement regarding duration?

    <p>It can be granted for a fixed term or forever.</p> Signup and view all the answers

    Under what condition would easements not be implied by necessity?

    <p>If an alternative access route exists, even if difficult.</p> Signup and view all the answers

    Which type of easement can be established solely through necessity according to the content?

    <p>Right-of-way to landlocked land.</p> Signup and view all the answers

    What must occur for an express legal easement to be validly created?

    <p>It must be executed by deed and properly registered.</p> Signup and view all the answers

    Which of the following is an effect of a properly documented easement?

    <p>It becomes enforceable against third parties.</p> Signup and view all the answers

    What is a common misconception regarding easements by necessity?

    <p>They prefer advantageous routes over essential ones.</p> Signup and view all the answers

    What is a requirement for an easement to be implied under the rule in Wheeldon v Burrows?

    <p>The right must have been used by the common owner at the time of transfer.</p> Signup and view all the answers

    Which scenario does NOT allow for the implication of an easement under LPA 1925 s 62?

    <p>An easement explicitly stated in a purchase agreement.</p> Signup and view all the answers

    For the burden of a restrictive covenant to pass in equity, which of the following is NOT a requirement?

    <p>The covenant must be positive in nature.</p> Signup and view all the answers

    How can the benefit of a covenant pass under common law?

    <p>Through an express assignment of the benefit.</p> Signup and view all the answers

    Which of the following is NOT a method for passing the benefit of a covenant?

    <p>Inherent property rights under common law.</p> Signup and view all the answers

    Under common law rules, what is true about the burden of positive covenants?

    <p>The burden remains personal to the original covenantor.</p> Signup and view all the answers

    What must exist for the doctrine of mutual benefit and burden to apply?

    <p>The benefit and burden must have been chosen together in the same transaction.</p> Signup and view all the answers

    Which characteristic is NOT required for a covenant to accommodate the dominant land?

    <p>It must allow for agricultural development.</p> Signup and view all the answers

    What must be expressed for continuing liability under common law to be established?

    <p>It must be indicated in a written document.</p> Signup and view all the answers

    Which of the following is NOT one of the four essential characteristics required for a right to be recognized as an easement?

    <p>The right must be exercised by a governmental authority</p> Signup and view all the answers

    Which condition would prevent a right from qualifying as an easement?

    <p>The use involves some level of exclusive possession</p> Signup and view all the answers

    What happens if the right granted is exercised with permission?

    <p>It no longer qualifies as an easement and is classified as a license</p> Signup and view all the answers

    In order for a lauded easement to exist, which factor must be true in relation to the dominant tenement?

    <p>The right must directly accommodate the dominant tenement's use</p> Signup and view all the answers

    What is a consequence of the common ownership of dominant and servient tenements?

    <p>It disqualifies the existence of an easement</p> Signup and view all the answers

    If a right requires additional payment by the servient landowner, what classification does this indicate?

    <p>The right likely represents a license instead of an easement</p> Signup and view all the answers

    What is essential to confirm that a right lies in grant concerning easements?

    <p>The right cannot be merely verbal or informal</p> Signup and view all the answers

    Which of the following scenarios would most likely categorize a right as a personal license rather than an easement?

    <p>Rights granted to use a path through a neighbor's land as a favor</p> Signup and view all the answers

    Which of the following rights is most likely an easement?

    <p>The right to run a drainage pipe across another's property connecting to a sewer</p> Signup and view all the answers

    Which of the following would be the most significant disadvantage of an easement?

    <p>It cannot be terminated easily once established</p> Signup and view all the answers

    Which of the following is NOT one of the four essential tests for a right to be considered an easement according to re Ellenborough Park?

    <p>The right must be beneficial to a business.</p> Signup and view all the answers

    What is required for an easement created by deed to be considered express?

    <p>It must be recorded in a public register.</p> Signup and view all the answers

    When can an easement be implied by necessity?

    <p>If the dominant tenement is landlocked.</p> Signup and view all the answers

    What burden must a seller or landlord demonstrate to rely on an easement implied by common intention?

    <p>That the dominant land was sold for a specific purpose known to both.</p> Signup and view all the answers

    According to the rule in Wheeldon v Burrows, which condition must not be met for a right to be implied as an easement?

    <p>The right must be beneficial for the servient tenement.</p> Signup and view all the answers

    What does LPA 1925 s 62 imply about easements?

    <p>They can be created where land is divided before permission is given.</p> Signup and view all the answers

    Which characteristic must a right fulfill to be considered for implied easement by Wheeldon v Burrows?

    <p>The right must be used by the common owner at the time of transfer.</p> Signup and view all the answers

    In what circumstance does the right to an easement not apply, according to the guidelines of easement creation?

    <p>If use requires additional payment by the servient landowner.</p> Signup and view all the answers

    What must be proven for an easement to be implied through 'common intention'?

    <p>The easement is essential for a purpose known to both parties.</p> Signup and view all the answers

    Study Notes

    • To be an express legal easement, the right must:
      • Be granted/reserved forever or for a set period of time
      • Be created by deed
      • Be substantively registered
    • A purported legal easement which fails may be equitable if in writing and signed by both parties

    Implied Acquisition by Necessity

    • Easement may be impliedly granted/reserved by necessity where its existence is essential in order that the dominant tenement may be used
    • The only type of easement which can be implied this way is a right of way to otherwise landlocked land
    • Easements will not be implied by necessity if there is an alternative, even if alternative is inconvenient/difficult, over a third party's land, or easement is highly advantageous but not essential

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    Description

    Test your knowledge on the principles of express and implied easements. This quiz covers the requirements for legal easement creation and situations under which they may be implied by necessity. Understand the essential legal concepts that underpin property rights.

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