Land Law Easements PDF

LAND LAW Week 11: Easements Aims and objectives: Lecture Aims:  To outline the nature and definition of an easement and consider the relevant law in this area. Learning Objectives: Following this lecture students will be able:  To recognise and define an easement.  Outline the characte...

LAND LAW Week 11: Easements Aims and objectives: Lecture Aims:  To outline the nature and definition of an easement and consider the relevant law in this area. Learning Objectives: Following this lecture students will be able:  To recognise and define an easement.  Outline the characteristics of an easement.  To demonstrate a knowledge of the main sources of law in this area. Definition of an easement? An easement is a way in which an individual can have a right over property that he or she does not actually own. Do you think anything could be added to this statement to make the definition more complete? Common Examples you may come across: Could the following be examples of easements:  Miller v Emcer Products : The right to use the toilet on adjoining land.  Re Ellenborough Park and Jackson v Mulvaney : The right to use adjoining land as a communal garden.  Dowty Boulton Paul v Wolverhampton Corporation (No. 2) : The right to use the neighbouring airfield to allow use of a private aircraft. An easement is an INCORPOREAL HEREDITAMENT and a PROPRIETARY RIGHT. Re. Ellenborough Park Characteristic One 1) There must be a dominant and a servient tenement. Characteristic Two 2) The easement must ‘accommodate’ the dominant tenement. Greenacr e Redacre Harry’s Megan’s House House An easement should not merely provide a personal or commercial advantage. Characteristic 2 Continued Hill v Tupper (1863): This concerned land which ran along the side of a canal. One estate owner argued that he had an easement over the canal which allowed him to be the only person to run a business putting pleasure boats on the canal. Another estate owner of land further along the canal who also wanted to put boats on the canal disagreed. Moody v Steggles (1879): This concerned a public house. The court had to consider whether the right to have a sign promoting the business on adjoining land could accommodate the land upon which the pub stood and therefore be an easement. Characteristic 2 Continued Wong v Beaumont Property Trust Ltd. The property in question was being used as a Chinese restaurant. The restaurant was in the basement of the property. Would a right allowing a large ventilation duct on an above property accommodate the Chinese restaurant? It had been deemed to be a Health and Safety requirement. Clapman v Edwards The property in question was a petrol station. The question arose as to whether the right to advertise on an adjoining building, accommodated the land, and was an easement. The advertisement space could be rented out to a third party to advertise ANYTHING or be used to advertise the garage. Characteristic 2 Continued i) The dominant and servient tenement should be sufficiently close. Todrick v Western National Omnibus Company ii) Aspects of domestic living are considered. Characteristic 2 Continued Rights that are purely recreational do not accommodate the land. Re Ellenborough Park Mulvaney v Gough Regency Villas Title Ltd. & Others v Diamonds Resorts (Europe) Ltd. & Others The owners of timeshare properties at a resort argued that there was an easement allowing them access to an outdoor heated swimming pool, golf course, ice rink, gymnasium, golf course and squash courts. The Supreme Court ruled: Characteristic 3 3) The tenements must not be owned and occupied by the same people. Characteristic 4 4) The easement must be capable of forming the subject matter of a grant. -There must be a capable grantor and grantee. -The right must be sufficiently definite. Easton v Isted : Concerned the question of an easement of light. Browne v Flower : Concerned the question of an easement of privacy. Characteristic 4: Continued - The role of the owner of a servient tenement is generally passive. Regis Property Co. Ltd. V Redman : Could there be an easement requiring the servient owner to provide hot water and central heating? Holbeck Hall Hotel Ltd. V Scarborough B.C. -Any right claimed as an easement can not amount to possession of the land.  Batchelor v Marlow : The owner of a garage argued he had an easement to park six vehicles on his neighbour’s land between the hours of 8:30 and 6:00 Monday to Friday. Activity: Example Question Mohammed has lived in a semi-detached house, 12 Hyde Park Crescent, in Burley Leeds for twelve years. He purchased the property from Rosie who informed Mohammed that he was entitled to use a path across the next door neighbour’s property which provided quicker access to the main road behind the property. For the last 12 years Mohammed has used the path to reach the local mosque where he worships regularly. Last week Mohammed politely asked his neighbour if he could keep his aggressive new dog away from the path as Mohammed was becoming afraid to use it. Yesterday his neighbour put a lock on the gate that Mohammed uses to gain access to the path and informed Mohammed that permission to use the path has been revoked. 1)Does the right that Mohammed is claiming come within the definition of an easement? 2)Analyse the methods by which the potential easement may have been created. Profits a Prendre  A profit a prendre confers a right to take a part of the land.  What can constitute a profit?  Duration of Profits a Prendre.  Relevance of licences. Creation of easements.  Legal Easements  Equitable Easements  Grant and Reservation Implied Grant  Necessity  Common Intention Quasi Easements Wheeldon v Burrows (1879) Prescription  Nec vi nec clam nec precario  Common Law Prescription  Lost Modern Grant - Dalton v Angus (1881) - Tehidy Estate Ltd. V Norman (1971) Neaverson v Peterborough Rural District Council Statutory Prescription Prescription Act 1832 Easements of Light Section 62 Law of Property Act 1925 Wright v Macadam International Tea Stores Company v Hobbs What amounts to a conveyance? What is not a conveyance? Extinguishment of Easements and profits Other cases to consider  Norman v (1) Clive Pull (2) Marion Pearl Sanderson (2009)  Trustees Ltd. V (1) Kyriacos Papakyriacou (2) Dina Papakyriacou (2009)