Land Law - Easements Exam With Complete
Solutions 100% Verified
What is an easement? Is it legal or equitable? - ANSWER An easement is a proprietary
right which one person has over the land of another. Easements are capable of being
legal under s.1(2)(a) LPA 1925 provided they are created by deed and are either fixed
term or 'forever'. If not the easement will be equitable. Easement can also be implied.
What is the difference between a legal easement and an equitable easement? - ANSWER
The main difference between a legal and equitable easement is their ability to bind a
third party.
How can a legal easement be binding on a third party? - ANSWER Legal easement can
be binding as a notice on the register or as overriding interest under the LRA 2002
schedule 3 para 3.
How can equitable easement be binding on third parties? - ANSWER A An equitable
easement must be entered as a notice on the charges section of the register in order to
be binding on a third party.
How can implied easements be binding on third parties? - ANSWER All implied
easements may be binding as an overriding interest under sch.3 para 3. of the LRA 2002
Which case established the test to apply for easements? what were the facts of this
case? - ANSWER -->Re Ellenborough Park (1956)
The land surrounding Ellenborough Park had been sold for building purposes. Each
owner was given a right in user, upon covenanting to pay a due proportion towards its
maintenance. The park was eventually sold, and the new owners wished to develop the
park area. The court of appeal held that the right to use the park was an easement, and
was binding on the new owners. The case set out 4 essential characteristics which
make an easement.
, What are the 4 characteristics laid down in Re Ellenborough Park? - ANSWER 1) There
must be a dominant and servient tenement
2) The easement must 'accommodate' the dominant tenement
3) The dominant tenement and servient tenement must be different persons. - meaning
the two plots of land must be owned or occupied by different people.
4) The easements must be 'capable of forming the subject matter of a grant' Evershed
MR
Explain the 1st characteristic of Re Ellenborough Park - ANSWER 1) There must be a
dominant tenement and a servient tenement
Dominant tenement - takes the benefit of easement
Servient tenement - carries the burden (grants the easement)
Explain the 2nd characteristic of Re Ellenborough Park give cases - ANSWER 2) The
easement must 'accommodate the dominant tenement'
That is, it must benefit the land and not the owner.
--> Hill v. Tupper (1863) - Benefited the owner, not the land.
--> Moody v. Steggles (1879) - Benefited the land.
-Also, the dominant tenement and servient tenement must be sufficiently close in
proximity in order for the dominant tenement to be benefited.
--> Bailey v. Stephens (1862) - Kent & London was too far to be benefited.
- However, according to Scott L, the benefit may be personal, if it enhances the value of
the land as seen in:
--> Regency Villas v. Diamond Resorts (2015) -
Explain the 3rd characteristic of Re Ellenborough Park giving cases) - ANSWER 3) The
Solutions 100% Verified
What is an easement? Is it legal or equitable? - ANSWER An easement is a proprietary
right which one person has over the land of another. Easements are capable of being
legal under s.1(2)(a) LPA 1925 provided they are created by deed and are either fixed
term or 'forever'. If not the easement will be equitable. Easement can also be implied.
What is the difference between a legal easement and an equitable easement? - ANSWER
The main difference between a legal and equitable easement is their ability to bind a
third party.
How can a legal easement be binding on a third party? - ANSWER Legal easement can
be binding as a notice on the register or as overriding interest under the LRA 2002
schedule 3 para 3.
How can equitable easement be binding on third parties? - ANSWER A An equitable
easement must be entered as a notice on the charges section of the register in order to
be binding on a third party.
How can implied easements be binding on third parties? - ANSWER All implied
easements may be binding as an overriding interest under sch.3 para 3. of the LRA 2002
Which case established the test to apply for easements? what were the facts of this
case? - ANSWER -->Re Ellenborough Park (1956)
The land surrounding Ellenborough Park had been sold for building purposes. Each
owner was given a right in user, upon covenanting to pay a due proportion towards its
maintenance. The park was eventually sold, and the new owners wished to develop the
park area. The court of appeal held that the right to use the park was an easement, and
was binding on the new owners. The case set out 4 essential characteristics which
make an easement.
, What are the 4 characteristics laid down in Re Ellenborough Park? - ANSWER 1) There
must be a dominant and servient tenement
2) The easement must 'accommodate' the dominant tenement
3) The dominant tenement and servient tenement must be different persons. - meaning
the two plots of land must be owned or occupied by different people.
4) The easements must be 'capable of forming the subject matter of a grant' Evershed
MR
Explain the 1st characteristic of Re Ellenborough Park - ANSWER 1) There must be a
dominant tenement and a servient tenement
Dominant tenement - takes the benefit of easement
Servient tenement - carries the burden (grants the easement)
Explain the 2nd characteristic of Re Ellenborough Park give cases - ANSWER 2) The
easement must 'accommodate the dominant tenement'
That is, it must benefit the land and not the owner.
--> Hill v. Tupper (1863) - Benefited the owner, not the land.
--> Moody v. Steggles (1879) - Benefited the land.
-Also, the dominant tenement and servient tenement must be sufficiently close in
proximity in order for the dominant tenement to be benefited.
--> Bailey v. Stephens (1862) - Kent & London was too far to be benefited.
- However, according to Scott L, the benefit may be personal, if it enhances the value of
the land as seen in:
--> Regency Villas v. Diamond Resorts (2015) -
Explain the 3rd characteristic of Re Ellenborough Park giving cases) - ANSWER 3) The
