Easements
Introduction
Easement - Property interest over someone else's land.
Right of use, but not occupation or possession.
Usually positive but occasionally negative.
Examples
Right of way.
Right of light.
Right to park a car.
Right to use a lavatory.
Right to use a private garden for relaxation purposes.
Right to water in a defined channel.
Right to support.
Right of drainage through a defined channel.
Can add value to the land or detract value depending on easement.
Necessary in modern day world - Can arise in different circumstances.
Should be registered but can be overriding interests in certain circumstances.
💡 Right must not amount to a claim of exclusive possession of servient land.
Cannot stop owner from using their own land - If it does; too extensive to be an easement.
Terminology
Dominant owner.
Dominant tenement - Who enjoys the benefit.
Servient owner.
Servient tenement - Who has the burden of the easement.
Profit a Prendre - Allows grantee to take something from the land of his neighbour; proprietary
Part of land. E.g., coal.
Something which grows.
, Park in Weston-super-Mare owned jointly by two tenants.
Park also stood opposite row of houses.
Owners sold parts of the park so more houses could be built.
Along with sale - Builders received rights to enjoy remaining parkland.
Owners of houses with rights attached applied to have rights recognised as easement.
HELD: Easement granted.
Evershed MR outlined conditions which must be met:
Dominant and servient tenement.
Easement must accomodate dominant tenement.
Has to benefit the land and not the owner or activities which the present owner is c
Hill v Tupper (1863) 2 H&C 121
Owner of canal granted Hill exclusive right to pleasure boats on canal for p
Tupper started placing pleasure boats on canal.
HELD: Only personal right which did not benefit the land itself.
Moody v Steggles [1879] 12 Ch D 261
Claim by dominant owner to have right to advertise pub on D's house.
Claimants pub was situated behind defendants house and sign provided di
Court acknowledges that it was the nature of the right which was more si
connection.
HELD: C had an easement which benefited the dominant land.
Land could only be used as a pub and therefore the sign accommodated th
business.
Must be reasonably adjacent - Otherwise no benefit.
Dominant and servient tenement must have different owners (diversity of ownership).
Right must be capable of being the subject matter of a grant.
Must be created by deed.
Must be capable grantor (who's granting permission) and capable grantee (who's b
Must be sufficiently definite - Must be completely clear.
Not a right to good view - Aldred's Case (1610).
Must be the kind of right normally granted by easements.
Courts reluctant to add new categories of rights to easements.
Introduction
Easement - Property interest over someone else's land.
Right of use, but not occupation or possession.
Usually positive but occasionally negative.
Examples
Right of way.
Right of light.
Right to park a car.
Right to use a lavatory.
Right to use a private garden for relaxation purposes.
Right to water in a defined channel.
Right to support.
Right of drainage through a defined channel.
Can add value to the land or detract value depending on easement.
Necessary in modern day world - Can arise in different circumstances.
Should be registered but can be overriding interests in certain circumstances.
💡 Right must not amount to a claim of exclusive possession of servient land.
Cannot stop owner from using their own land - If it does; too extensive to be an easement.
Terminology
Dominant owner.
Dominant tenement - Who enjoys the benefit.
Servient owner.
Servient tenement - Who has the burden of the easement.
Profit a Prendre - Allows grantee to take something from the land of his neighbour; proprietary
Part of land. E.g., coal.
Something which grows.
, Park in Weston-super-Mare owned jointly by two tenants.
Park also stood opposite row of houses.
Owners sold parts of the park so more houses could be built.
Along with sale - Builders received rights to enjoy remaining parkland.
Owners of houses with rights attached applied to have rights recognised as easement.
HELD: Easement granted.
Evershed MR outlined conditions which must be met:
Dominant and servient tenement.
Easement must accomodate dominant tenement.
Has to benefit the land and not the owner or activities which the present owner is c
Hill v Tupper (1863) 2 H&C 121
Owner of canal granted Hill exclusive right to pleasure boats on canal for p
Tupper started placing pleasure boats on canal.
HELD: Only personal right which did not benefit the land itself.
Moody v Steggles [1879] 12 Ch D 261
Claim by dominant owner to have right to advertise pub on D's house.
Claimants pub was situated behind defendants house and sign provided di
Court acknowledges that it was the nature of the right which was more si
connection.
HELD: C had an easement which benefited the dominant land.
Land could only be used as a pub and therefore the sign accommodated th
business.
Must be reasonably adjacent - Otherwise no benefit.
Dominant and servient tenement must have different owners (diversity of ownership).
Right must be capable of being the subject matter of a grant.
Must be created by deed.
Must be capable grantor (who's granting permission) and capable grantee (who's b
Must be sufficiently definite - Must be completely clear.
Not a right to good view - Aldred's Case (1610).
Must be the kind of right normally granted by easements.
Courts reluctant to add new categories of rights to easements.
