Easements
Modes of Acquisition
, Capability
•As an easement is a very powerful right in land, there are stric
which must be met before a right can be recognised as a
easement rather than simply a personal right.
Rules •To be a fully enforceable proprietary right known as a legal ease
the right claimed must therefore pass all of these four s
1) Does the right comply with the test First, to be a legal easement the right must fall within the definition s
for duration in LPA 1925, s 1 (2)(a)? in LPA 1925, s 1(2)(a) as to duration.
If the right has not been granted or reserved for the equivalent
freehold or leasehold estate, then it can only be equitable LPA 1
1(3).
2) Does the right fulfil the requirements Second, the right must be capable in principle of being an easement.
set out in re Ellenborough Park? satisfy the tests laid down in re Ellenborough Park [1956] Ch 131.
3) Is the right prevented from being an Third, the right must not be prevented from being an easement by th
easement by a ‘disqualifying factor’? presence of one of the ‘disqualifying factors’: additional compulsory
expenditure by the servient owner; use which amounts to exclusive
possession; or permission.
4) Has the easement been acquired Fourth, the right must have been acquired as an easement. This can
either expressly, impliedly or by in one of three ways: by complying with the statutory formalitie
prescription? an express grant or reservation; by acquired impliedly by one
recognised methods; or by being acquired by prescription or long
Once it has been established that a right is capable of being an easement, it must then
shown that the right has been acquired in one of the recognised modes.
Modes of Acquisition
, Capability
•As an easement is a very powerful right in land, there are stric
which must be met before a right can be recognised as a
easement rather than simply a personal right.
Rules •To be a fully enforceable proprietary right known as a legal ease
the right claimed must therefore pass all of these four s
1) Does the right comply with the test First, to be a legal easement the right must fall within the definition s
for duration in LPA 1925, s 1 (2)(a)? in LPA 1925, s 1(2)(a) as to duration.
If the right has not been granted or reserved for the equivalent
freehold or leasehold estate, then it can only be equitable LPA 1
1(3).
2) Does the right fulfil the requirements Second, the right must be capable in principle of being an easement.
set out in re Ellenborough Park? satisfy the tests laid down in re Ellenborough Park [1956] Ch 131.
3) Is the right prevented from being an Third, the right must not be prevented from being an easement by th
easement by a ‘disqualifying factor’? presence of one of the ‘disqualifying factors’: additional compulsory
expenditure by the servient owner; use which amounts to exclusive
possession; or permission.
4) Has the easement been acquired Fourth, the right must have been acquired as an easement. This can
either expressly, impliedly or by in one of three ways: by complying with the statutory formalitie
prescription? an express grant or reservation; by acquired impliedly by one
recognised methods; or by being acquired by prescription or long
Once it has been established that a right is capable of being an easement, it must then
shown that the right has been acquired in one of the recognised modes.
