Professional Documents
Culture Documents
The easement must benefit/affect the land directly and NOT the
person who owns the land. ACCOMODATE = CONFER SOME FORM
OF DIRECT BENEFICIAL IMPACT
In terms for business use:
Moody v Steggles [1879] dominant owner had a right to advertise
his public house on the Servient land, bearing in mind that the
Servient land was situated in front of the public house; thus the
courts held that the sign was merely an indication of its existence.
-----------the business was very closely connected to the land, and
any owner of the land would likely run a pub from the premises.
Therefore, right connected to the land. The right benefitted the land
Re Ellenborough Park [1956] a controversial case
concerning the rights surrounding a garden. CA had to
determine whether the park sufficiently accommodated the
park. The right was recognised, as it passed the test. A
crucial question that must be considered, is that in present
environment, the park was seen almost as a substitute for
a garden, therefore would the same reasoning apply for the
use of a swimming pool, although most British homes would
not have a swimming pool. It could be argued that a
swimming pool, is a more of a personal right belonging to
the owner, than a right accommodating the land, but can the
same principle not be applied to a garden. Is a garden not
perceived to be a personal right?
Cannot have an easement over your own land: Roe v Siddons [1888]
Law Com 186 would allow the owners to be the same if the plots
have different registered titles, this would be in order to aid land
development.
Acquisition of Easements
1. Can acquire an easement by Statute
Express Grant/Reservation The document expressly grants or
reserves an easement and its status (legal or equitable) is
determined by the statute/nature of the document.
If it is done by Deed, then it must comply with Law of Property
Act 1925, s.52 (1)
s.62 of Law of Property Act 1925
Ensures that any existing easements that benefit land are conveyed to
the new owner of the land without having to expressly include them in
the conveyance itself.
A conveyance of land shall include and operate to convey. all
liberties, privileges, easements, rights and advantages, whatsoever,
appertaining to reputed to appertain to the land.
Scope of provision is quite wide requires land to appurtenant
there has to be a dominant and servient tenement
2. Can acquire an easement through Implied Grant/Reservation
Easement by necessity
= an easement without which the dominant land cannot be used.
s.2 s.4 = require uninterrupted use for the 20 years prior to the claim in
which the right is in issue.
Lindley LJ required in Hollins v Vernay [1884], use is enough to
carry in the mind of a reasonable person who is in possession of the
servient land, the fact that the continuous right to enjoyment is
being asserted, and ought to be resisted.
s.3 easement of light requires only 20 years of continuous use.
Extinguishment of Easements
Common Ownership
If the same person becomes the owner and occupier of both dominant
and servient tenements, then easement will terminate.