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Study sets matching "land law easements"

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Study sets matching "land law easements"

46 terms
Land Law - Easements
Definition of Easements
Quasi Easements
Profits a pendre
Re Ellenborough Park
The right to use or enjoy... Or the right (indirectly) to restri…
Potential Easements
Right to take something from the land of another.
Essential characteristics of an easement.... Right must be attac…
Definition of Easements
The right to use or enjoy... Or the right (indirectly) to restri…
Quasi Easements
Potential Easements
46 terms
Land Law-Easements-Cases
Re Ellenborough Park
London & Blenheim Estates v Ladbroke R…
Hill v Tupper 1863
Moody v Steggles 1879
1)Dominant and servient tenant... 2)right must accommodate domin…
Dominant tenement not suitably identified, easements cannot e…
Monopoly of canal-easement was not for the benefit of the lan…
Business operating for many years-had become part of the norm…
Re Ellenborough Park
1)Dominant and servient tenant... 2)right must accommodate domin…
London & Blenheim Estates v Ladbroke R…
Dominant tenement not suitably identified, easements cannot e…
29 terms
Land Law - Easements
Definition of Easements
Profits a pendre
Re Ellenborough Park
Hill v Tupper
The right to use or enjoy... Or the right (indirectly) to restri…
Right to take something from the land of another.
4.......
Right to launch pleasure boats from canal. Purely personal ri…
Definition of Easements
The right to use or enjoy... Or the right (indirectly) to restri…
Profits a pendre
Right to take something from the land of another.
30 terms
Land law: Easements
Re Ellenborough Park
Wright v Macadam
Pugh v Savage
Bailey v Stephens
Easement elements:... 1. Dominant and servient tenement ... 2. Diff…
Two different estates in land is enough to suffice different…
Do not have to be neighbours to be proximate
Have to be sufficiently close
Re Ellenborough Park
Easement elements:... 1. Dominant and servient tenement ... 2. Diff…
Wright v Macadam
Two different estates in land is enough to suffice different…
54 terms
Land Law - Easements
Defintion
Requirements... - case
Re Ellenborough Park requirements (4)
🔹the easement must accommodate the dom…
🔹right over one piece of land for benefit of another piece of…
Re Ellenborough Park
🔹there must be dominant land and servient land... 🔹the easement…
Re Ellenborough Park... Hill v Tupper
Defintion
🔹right over one piece of land for benefit of another piece of…
Requirements... - case
Re Ellenborough Park
Land Law - Easements
Rangeley
Re Ellenborough Park
Bailey
Copeland
Cannot be an easement of land where an owner grants a right t…
Must be able to show that the right is connected with the nor…
Right of way in Northumberland cannot accommodate land in Kent
Owner of the servient tenement must not be effectively exclud…
Rangeley
Cannot be an easement of land where an owner grants a right t…
Re Ellenborough Park
Must be able to show that the right is connected with the nor…
20 terms
Land Law - Easements
Re Ellenborough Park (1)
Re Ellenborough Park (2)
Re Ellenborough Park (3)
Re Ellenborough Park (4)
Must be a dominant and a servient tenement
The easement must accomodate the dominant tenement
The dominant and servient tenement owners must be different p…
Right claimed must be capable of forming a grant
Re Ellenborough Park (1)
Must be a dominant and a servient tenement
Re Ellenborough Park (2)
The easement must accomodate the dominant tenement
13 terms
Land Law: Easements
Dominant tenemant
servient tenenmant
positive easements
negative easement
the land attached to the serviant tenenmant
the land over which the right is exercised
the dominant land owner has the right to do something over th…
the servient land owner is restricted from doing certain things
Dominant tenemant
the land attached to the serviant tenenmant
servient tenenmant
the land over which the right is exercised
14 terms
Land Law Easements Flashcards
Moncrieff v Jamieson (2007)
Wong v Beaumont Property Trust (1965)
International Tea Stores v Hobbs (1903)
Re Ellenborough Park (1956)
Held: HoL granted this right, where C had vehicular access ov…
C took a lease to start a Chinese restaurant. Covenanted to c…
Landlord allows his tenant to use a short-cut across his land…
When is right capable of being easement?... Evershed MR set down…
Moncrieff v Jamieson (2007)
Held: HoL granted this right, where C had vehicular access ov…
Wong v Beaumont Property Trust (1965)
C took a lease to start a Chinese restaurant. Covenanted to c…
21 terms
Land Law- Easements
Easement
Profit a prendre
Positive easements
Negative easements
Rights over the land of another e.g right to light
Right to take from another's land.
A right that allows a person to do something over another's l…
Owner of the land is prevented from doing something.
Easement
Rights over the land of another e.g right to light
Profit a prendre
Right to take from another's land.
11 terms
Land Law - Chapter 8 - Easements
What is an easement?
What must exist for an easement to be…
What is needed to form a grant?
What is a legal easement ?
A property right which one person has over another's land.
A dominant and servient tenement, must benefit the dominant,…
Be in writing, be similar to existing easements, no requireme…
If it is for a term equivalent to a legal estate OR in the fo…
What is an easement?
A property right which one person has over another's land.
What must exist for an easement to be…
A dominant and servient tenement, must benefit the dominant,…
46 terms
Easement content requirements - Land law
content requirements of easements were…
What are the content requirements acco…
why must care be taken when defining t…
The content requirement that states th…
Re Ellenborough Park
There is a dominant and a servient tenement;(LAND)... The domina…
if there are too many rights that can amount to an easement n…
In order for a right to accommodate a dominant tenement... i)th…
content requirements of easements were…
Re Ellenborough Park
What are the content requirements acco…
There is a dominant and a servient tenement;(LAND)... The domina…
30 terms
Land: easements
Re Ellenborough Park
Moody v Steggles
Hill v Tupper
Copeland v Greenhalf
Lord Evershed stated in order for a right to be an easement i…
the right must be supportive of a business, not a business it…
the tenant of land on a canal bank had been given the exclusi…
D claimed that he had acquired an easement to store vehicles…
Re Ellenborough Park
Lord Evershed stated in order for a right to be an easement i…
Moody v Steggles
the right must be supportive of a business, not a business it…
33 terms
Land - Easements
LPA 1925, s 1(2)(a)
Re Ellenborough Park
London & Blenheim Estates v Ladbroke R…
Hawkins v Rutter
An easement is a right enjoyed and exercised over the land of…
For a right to be capable of existing as an easement, it must…
(A dominant and servient tenement must exist)... Essentially, th…
(A dominant and servient tenement must exist)... An easement, un…
LPA 1925, s 1(2)(a)
An easement is a right enjoyed and exercised over the land of…
Re Ellenborough Park
For a right to be capable of existing as an easement, it must…
26 terms
Land - Easements
Test for easements
Estates reasonably close
Precise definition
Easement must not require expenditure…
Re Ellenborough Park
Bailey and Stephens
Re Alred
Moncrieff v Jamieson
Test for easements
Re Ellenborough Park
Estates reasonably close
Bailey and Stephens
63 terms
Land - Easements
Re Ellenborough Park - criteria for an…
"There must be a dominant and servient…
London & Blenheim Estates v Ladbroke R…
Harris v Flower
1) There must be a dominant and servient tenement ... 2) Easemen…
1) Real link to the land... 2) Dominant = benefit ... Servient = bu…
No easement of parking cars on piece of land because at the t…
If easement granted for benefit of one piece of land, cannot…
Re Ellenborough Park - criteria for an…
1) There must be a dominant and servient tenement ... 2) Easemen…
"There must be a dominant and servient…
1) Real link to the land... 2) Dominant = benefit ... Servient = bu…
30 terms
Land: Easements
Easement
Re Ellenborough Park
Hawkins v Rutter
London & Blenheim estates v Ladbroke
right to restrict another's land - can be -ve (only three: ri…
Criteria for deciding whether the right is capable of being a…
tenements cannot EXIST in gross (=independently of land)
tenements must EXIST (right about parking car on land that wa…
Easement
right to restrict another's land - can be -ve (only three: ri…
Re Ellenborough Park
Criteria for deciding whether the right is capable of being a…
Land - Easements
s1(2) LPA25
Alfred Becket v Lyons
Re Ellenborough Park
Hawkins v Rutter
easement capable of being a legal interest if of certain term…
easement is not a licence
Do Ac Di LIG
definition of Do: burden, benefit
s1(2) LPA25
easement capable of being a legal interest if of certain term…
Alfred Becket v Lyons
easement is not a licence
37 terms
Land: Easements
Re Ellenborough Park Criteria
Hawkins v Rutter
Hill v Tupper
Moody v Steggles
1. Must be a dominant and servient tenement... 2. Must be separa…
The authority for the proposition that there must be a domina…
An business benefit will normally constitute a personal right…
a business benefit may amount to an easement where the busine…
Re Ellenborough Park Criteria
1. Must be a dominant and servient tenement... 2. Must be separa…
Hawkins v Rutter
The authority for the proposition that there must be a domina…
Land: easements
Re Ellenborough Park
Moody v Steggles
Hill v Tupper
Copeland v Greenhalf
Lord Evershed stated in order for a right to be an easement i…
the right must be supportive of a business, not a business it…
the tenant of land on a canal bank had been given the exclusi…
D claimed that he had acquired an easement to store vehicles…
Re Ellenborough Park
Lord Evershed stated in order for a right to be an easement i…
Moody v Steggles
the right must be supportive of a business, not a business it…
71 terms
LAND - EASEMENTS
Definition of an easement
Examples of easements
2 questions to ask when establishing w…
2 tests to consider when ascertaining…
right to make limited use of another person's land for the be…
right to drainage, right of support (Dalton v Angus), right o…
1. is the right capable of being an easement?, 2. has the rig…
1. Re Ellenborough Park Test and 2. is the right acceptable a…
Definition of an easement
right to make limited use of another person's land for the be…
Examples of easements
right to drainage, right of support (Dalton v Angus), right o…
12 terms
Land - Easements
4 necessary characteristics to be an e…
Owner of servient tenement must not be…
Right to light? Yes, to one's windows…
No right to TV reception - immense bur…
Re Ellenborough Park
Copeland
Dalton v Angus
Hunter v Canary Wharf
4 necessary characteristics to be an e…
Re Ellenborough Park
Owner of servient tenement must not be…
Copeland
105 terms
Land law - QMUL 1415 - NO Freehold covenants/Easements
Bernsten v Skylines
Bocardo SA v Star Energy
Holland v Hodgson
Botham v TSB
Aerial photos of land... Property goes up to a 'reasonable heig…
Drill for oil diagonally- Under land ... Property goes down ind…
Test for fixture/chattel... 1) Method/degree of annexation... 2)…
Attached to better enjoy suggests chattel
Bernsten v Skylines
Aerial photos of land... Property goes up to a 'reasonable heig…
Bocardo SA v Star Energy
Drill for oil diagonally- Under land ... Property goes down ind…
105 terms
Land law - QMUL 1415 - NO Freehold covenants/Easements
Bernsten v Skylines
Bocardo SA v Star Energy
Holland v Hodgson
Botham v TSB
Aerial photos of land... Property goes up to a 'reasonable heig…
Drill for oil diagonally- Under land ... Property goes down ind…
Test for fixture/chattel... 1) Method/degree of annexation... 2)…
Attached to better enjoy suggests chattel
Bernsten v Skylines
Aerial photos of land... Property goes up to a 'reasonable heig…
Bocardo SA v Star Energy
Drill for oil diagonally- Under land ... Property goes down ind…
38 terms
Land: Easements - Acquisition
Methods of acquisition
Express grant
Express reservation
Cordell v Second Clanfield Properties
(1) Express grant or reservation... (2) Implied grant or reserva…
Where the owner of a piece of land expressly grants an easeme…
Where an owner expressly reserves an easement over a portion…
Any express reservation will be interpreted strictly against…
Methods of acquisition
(1) Express grant or reservation... (2) Implied grant or reserva…
Express grant
Where the owner of a piece of land expressly grants an easeme…
36 terms
Land: Easements - Capability
Easement
Re Ellenborough Park
London & Blenheim Estates v Ladbroke
Hawkins v Rutter
Definition: a legal right to use or enjoy another's land in a…
There are four requirements for a right to be capable of bein…
Two separate identifiable pieces of land must exist, one that…
An easement must not exist in gross i.e., it must be a right…
Easement
Definition: a legal right to use or enjoy another's land in a…
Re Ellenborough Park
There are four requirements for a right to be capable of bein…
61 terms
Land - Easements (Acquisition)
Express grant
Express reservation
Manjang v Drammeh
Adealon v Merton BC
A expressly gives B an easement over their land. ... A will bec…
An express reservation differs from an express grant in that…
(Implied acquisition - 1. Necessity)... An easement will be impl…
(Implied acquisition - 1. Necessity)... The Court of Appeal decl…
Express grant
A expressly gives B an easement over their land. ... A will bec…
Express reservation
An express reservation differs from an express grant in that…
49 terms
Sean Land Easements
Gives the four criteria for capability
What are the Re Ellenborough Park crit…
Capability (1) a dominant and servient…
Capability (2) Accommodate the dominan…
Re Ellenborough Park
Dominant and Servient, Accommodates the Dominant, No Common O…
Hawkins v Rutter
Moody v Steggles
Gives the four criteria for capability
Re Ellenborough Park
What are the Re Ellenborough Park crit…
Dominant and Servient, Accommodates the Dominant, No Common O…
12 terms
land - easements (b)
Hair v Gillman (2000)
Moncrieff v Jamieson (2007)
Virdi v Chana (2008)
Nickerson v Barraclough (1980)
C argued that he had a right to park his single car on a fore…
Held: HoL granted this right, where C had vehicular access ov…
Judge applied the Batchelor test rather than the Moncrieff on…
Held: easement of necessity can only arise on the sale of lan…
Hair v Gillman (2000)
C argued that he had a right to park his single car on a fore…
Moncrieff v Jamieson (2007)
Held: HoL granted this right, where C had vehicular access ov…
21 terms
Easements and other land Rights
Types of easements
Easement appurtenant
Negative easements
prescriptive easements
1) Affirmative easements (PINE) (appurtenant or in gross)... a)…
benefits holder in physical use or enjoyment of land--Automat…
must be expressly made by grantor, LASS
COAH use (not exclusive use nor possession required)... 1) Conti…
Types of easements
1) Affirmative easements (PINE) (appurtenant or in gross)... a)…
Easement appurtenant
benefits holder in physical use or enjoyment of land--Automat…
14 terms
Land Easement- definition
London & Blenheim Estates v Ladbroke R…
Bailey v Stephens
Moody v Steggles
Hill v Tupper
Dominant and servient tenement
Right must accommodate dominant tenement
A right benefitting a business may benefit the tenement itsel…
An right benefitting a business/the owner of a business canno…
London & Blenheim Estates v Ladbroke R…
Dominant and servient tenement
Bailey v Stephens
Right must accommodate dominant tenement
14 terms
Land easement- acquisition
grant or reservation
Manjang v Drammeh
Wong v Beaumont
Heavy burden of proof on the dominant…
Express
Implied by Necessity
Common intention
If impliedly reserved?
grant or reservation
Express
Manjang v Drammeh
Implied by Necessity
39 terms
Property Law test: giving non- possesory rights to others- Easements and covenants over land
Essential characteristics for binding…
Difference between easements and lease…
Real rights over another person land m…
What must the burden on the servient t…
touches and concerns the land, must run with the neighbouring…
generally more of a formal bargaining just to gain a small ad…
appurtenant, servient tenement, dominant tenement
permanent value to the holder of the dominant tenement, accom…
Essential characteristics for binding…
touches and concerns the land, must run with the neighbouring…
Difference between easements and lease…
generally more of a formal bargaining just to gain a small ad…
36 terms
Land - Easements and Profits a Prendre
Drewell v Towler (1832)
Miller v Emcer (1956)
Heywood v Mallalieu (1883)
Dowty Boulton Paul v Wolverhampton Cor…
A washing line constituted an easement.
An outside toilet constituted an easement
Use of a kitchen for washing constituted an easement.
The right of the owners of a factory to use the neighboring a…
Drewell v Towler (1832)
A washing line constituted an easement.
Miller v Emcer (1956)
An outside toilet constituted an easement
9 terms
Property Law - Easements
Easement
Express Easement
Implied Easement Prior to Existing Use
Easement by Necessity
Nonpossessory right to use the land of another person (nonrev…
With owners permission either by grant or by reservation
1. Severance of title to land held in common ownership... 2. Ex…
1. Severance of title to land held in common ownership... 2. Re…
Easement
Nonpossessory right to use the land of another person (nonrev…
Express Easement
With owners permission either by grant or by reservation
27 terms
Property Law (Easements / Covenants)
Easement
Easement Appurtenant
Easement In Gross
Affirmative Easements
Right to use property, but not a right to possess property. I…
An easement inseparable attached to another parcel of land (r…
Easement that is not attached to another parcel of property (…
1. Right to go onto someone else's property and do something…
Easement
Right to use property, but not a right to possess property. I…
Easement Appurtenant
An easement inseparable attached to another parcel of land (r…
46 terms
Land Law - Easements that i found somewhere else, really good though,
Definition of Easements
Quasi Easements
Profits a pendre
Re Ellenborough Park
The right to use or enjoy... Or the right (indirectly) to restri…
Potential Easements
Right to take something from the land of another.
Essential characteristics of an easement.... Right must be attac…
Definition of Easements
The right to use or enjoy... Or the right (indirectly) to restri…
Quasi Easements
Potential Easements
24 terms
Law 203 - Easements
Re Ellenborough Park - Rule
Hill v Tuper - Rule
Regis Property v Redman - Rule
Crow v Wood - Rule
Requirements for an easement:... 1. There must be a dominant and…
A personal right will not be held to benefit land. No easement
Easement should not involve the ST with positive obligations
Distinguished Regis Property v Redman. Fencing was allowed as…
Re Ellenborough Park - Rule
Requirements for an easement:... 1. There must be a dominant and…
Hill v Tuper - Rule
A personal right will not be held to benefit land. No easement
13 terms
Easements (disputes about use of land)
Estates burdened/benefited by the ease…
Types of easements
2 ways to make an easement
Express easements
Land burdened: servient estate... Land benefited: dominant estate
1. Affirmative easements => right to do something... 2. Negative…
(1) Express... (2) Implied
* subjected to the SoF => must be in writing!... * Can be create…
Estates burdened/benefited by the ease…
Land burdened: servient estate... Land benefited: dominant estate
Types of easements
1. Affirmative easements => right to do something... 2. Negative…
15 terms
Property Law - Easements
Easement definition
Easement in gross
Positive easement
Negative easement
A right to do something else on someone else's land, falling…
Without being attached to or benefiting a dominant tenement e…
The dominant owner can do something on the servient land
The owner can stop the neighbour from doing something on the…
Easement definition
A right to do something else on someone else's land, falling…
Easement in gross
Without being attached to or benefiting a dominant tenement e…
34 terms
Laws 301: Easements and Covenants
Easements define
Corporeal rights
Incorporeal rights
Servient tenement
A right to utilize other land of different ownership in a par…
Tangible
Intangible
Land over which the easement is exercised
Easements define
A right to utilize other land of different ownership in a par…
Corporeal rights
Tangible
8 terms
Case Law on Easements: How To Establish an Easement Exists
Re Ellengborough Park
Hill v. Tupper
Moody v Steggles
Bailey v Stephens (1862)
The four defining characteristics of an easement:... i) The dom…
The right must benefit the dominant land . The right that the…
The right to hang an inn sign on adjoining property was held…
the two pieces of land must be sufficiently proximate that th…
Re Ellengborough Park
The four defining characteristics of an easement:... i) The dom…
Hill v. Tupper
The right must benefit the dominant land . The right that the…
16 terms
Principles of Real Property Law - Easements
ENCUMBRANCE
APPURTENANCE
HOW ARE EASEMENTS, MINERAL RIGHTS, & T…
GIVE AN EXAMPLE OF A RESERVATION IN A…
An interest that burdens the estate, giving someone other tha…
a type of interest in land that allows a landowner to use som…
by a grant or reservation in a deed.
"Excepting therefrom and reserving unto the grantor the right…
ENCUMBRANCE
An interest that burdens the estate, giving someone other tha…
APPURTENANCE
a type of interest in land that allows a landowner to use som…
Private Land Use Controls: Servitudes - Easements
Servitudes
Rights arising from a grant of a right…
Rights arising from promises among lan…
Easements
- Agreements between neighbors respecting the use of one, bot…
Easements and Profits
Real covenants (enforceable at law) and Equitable servitudes…
- Interests in land (but not estates) and subject to the Stat…
Servitudes
- Agreements between neighbors respecting the use of one, bot…
Rights arising from a grant of a right…
Easements and Profits
16 terms
The Law of Easements, Covenants, and Equitable Servitudes
Easement Definition
Negative Easement
Appurtenant or In Gross
Affirmative Easements: How to create
The grant of a nonpossessory interest that entitles its holde…
Remember LASS ... L, Light... A, Air... S, Support ... S, Stream Water fr…
Easement appurtenant: Here there are two parcels involved: a…
Remember PING... P, Prescription ... Acquired by satisfying the el…
Easement Definition
The grant of a nonpossessory interest that entitles its holde…
Negative Easement
Remember LASS ... L, Light... A, Air... S, Support ... S, Stream Water fr…
121 terms
Land law
What do you own in relation to land?
What is the biggest estate in land you…
How do you acquire a legal estate/inte…
Matchitt v Whangara B20 Incorporation
Not the land itself, but an estate in the land
A fee simple- this is a bundle of rights which includes posse…
Registration
> Trespass- "an unjustified direct interference with the land…
What do you own in relation to land?
Not the land itself, but an estate in the land
What is the biggest estate in land you…
A fee simple- this is a bundle of rights which includes posse…
10 terms
Real Estate Law- Ch 5- Easements and Licenses
Easement
Dominant tenement
Servient tenement
Appurtenant Easement
Right granted to a non-owner of real property to use the real…
Parcel of land benefited by an appurtenant easement. Who gets…
Parcel of land on which an appurtenant easement is located.
Easement create to benefit a particular parcel of real proper…
Easement
Right granted to a non-owner of real property to use the real…
Dominant tenement
Parcel of land benefited by an appurtenant easement. Who gets…
17 terms
Real Estate Law- Ch 5- Easements and Licenses
Easement
Dominant Estate
Servient Estate
Appurtenant Easement
Right granted to a non-owner of real property to use the real…
Parcel of land benefited by an appurtenant easement. Who gets…
Parcel of land on which an appurtenant easement is located.
Easement create to benefit a particular parcel of real proper…
Easement
Right granted to a non-owner of real property to use the real…
Dominant Estate
Parcel of land benefited by an appurtenant easement. Who gets…
8 terms
Land law: Unregistered Land
Midland Bank v Green
Land Charges Act 1972 class C (iv)
Land Charges Act 1972 class D (ii)
Land Charges Act 1972 class D (iii)
Son did not register the option to buy his fathers farm, fath…
Estate contracts
Restrictive covenants
Equitable easements
Midland Bank v Green
Son did not register the option to buy his fathers farm, fath…
Land Charges Act 1972 class C (iv)
Estate contracts
11 terms
Land law: Registered Land
S4-8 LRA
S34 LRA
S40-47 LRA
Para 1 Sch3 LRA 2002
Triggering event, any transfer of ownership of land
Notice of equitable interest
Entering a restriction on the register, alerts purchaser to l…
Legal leases under 7 years are protected as an unregistered i…
S4-8 LRA
Triggering event, any transfer of ownership of land
S34 LRA
Notice of equitable interest
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