Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wood v Waddington [2015] EWCA Civ 538, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wood v Waddington [2015] EWCA Civ 538, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wood v Waddington [2015] EWCA Civ 538, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter looks at easements and profits considering in particular: types of easement (eg express and implied easements); the nature of an easement; the creation of easements; and other rights, such as profits à prendre. The question of whether the categories of easement can be extended is a popular debate, and the quotation ‘the categories of easements are not frozen’reflects this. Modern useages may be highly relevant in the determination of this legal question.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the rules on the creation of an easement. Topics covered include express grant of easements (and profits); express reservation of easements (and profits); implied grant of easements (and profits), which includes ways of necessity, intended easements, the rule in Wheeldon v Burrows, and s62 of the Law of Property Act 1925; implied reservation of easements covering necessity and intended easements; exclusion of the rules providing for implied grant and reservation; compulsory purchase and the rules for implied grant; and simultaneous sales or bequests.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the rules on the creation of an easement. Topics covered include express grant of easements (and profits); express reservation of easements (and profits); implied grant of easements (and profits), which includes ways of necessity, intended easements, the rule in Wheeldon v Burrows and s62 of the Law of Property Act 1925; implied reservation of easements covering necessity and intended easements; exclusion of the rules providing for implied grant and reservation; compulsory purchase and the rules for implied grant; and simultaneous sales or bequests.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Baker v Craggs [2018] EWCA Civ 1126, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Baker v Craggs [2018] EWCA Civ 1126, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Baker v Craggs [2018] EWCA Civ 1126, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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An easement is a form of third-party right that allows one to enjoy the benefits of land ownership. Some examples of such rights are rights of way, rights of light, the right to use a washing line on a neighbour’s land, the right to use a neighbour’s lavatory, and the right to park a car on another person’s land. The easement must exist for the benefit of land and cannot exist in gross. This chapter, which explores the nature of easements and considers their related concepts such as natural rights, public rights, restrictive covenants, and licences, also discusses legal and equitable easements, the creation of easements, and proposals for reform of the law on easements.
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An easement is a form of third party right that allows one to enjoy the benefits of land ownership. Some examples of such rights are rights of way, rights of light, the right to use a washing line on a neighbour’s land, the right to use a neighbour’s lavatory, and the right to park a car on another person’s land. The easement must exist for the benefit of land and cannot exist in gross. The rule that an easement cannot exist in gross has been a controversial subject. This chapter, which explores the nature of easements and considers their related concepts such as natural rights, public rights, restrictive covenants, and licences, also discusses legal and equitable easements, the creation of easements, and proposals for reform of the law on easements.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter is concerned with easements. An easement is the proprietary right to enjoy limited use of the land of another, which may exist in both positive and negative form. To constitute an easement, a right over the land of another must display certain characteristics. If these characteristics are not present, the right over the land of another is merely a personal right. An easement may be created by express, implied, or presumed grant. As a proprietary right, an easement is not easy to extinguish, but, in the case of freehold land, easement will be extinguished where the dominant and servient land come into common ownership and an easement attached to a lease may sometimes be extinguished upon the termination of that lease.
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Ben McFarlane, Nicholas Hopkins, and Sarah Nield
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter is concerned with easements. An easement is the proprietary right to enjoy limited use of the land of another, which may exist in both positive and negative form. To constitute an easement, a right over the land of another must display certain characteristics. If these characteristics are not present, the right over the land of another is merely a personal right. An easement may be created by express, implied, or presumed grant. As a proprietary right, an easement is not easy to extinguish but in the case of freehold land, easement will be extinguished where the dominant and servient land come into common ownership, and an easement attached to a lease may sometimes be extinguished upon the termination of that lease.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Ellenborough Park [1956] Ch 131, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hill v Tupper (1863) 159 ER 51, High Court (Exchequer Chamber). The document also includes supporting commentary from author Aruna Nair.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Ellenborough Park [1956] Ch 131, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Chapter
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hill v Tupper (1863) 159 ER 51, High Court (Exchequer Chamber). The document also includes supporting commentary from author Aruna Nair.
Chapter
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hill v Tupper (1863) 159 ER 51, High Court (Exchequer Chamber). The document also includes supporting commentary from author Aruna Nair.
Chapter
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Ellenborough Park [1956] Ch 131, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the characteristics of an easement: there must be a dominant and a servient tenement; the easement must accommodate the dominant tenement; the easement must be owned or occupied by different people; and an easement must be capable of forming the subject matter of a grant. All four characteristics must exist for a right claimed to be an easement. If any one of those is missing, then the right is not an easement.
