Rishaan was the owner of a large unregistered property. The property
consists of two semi- detached houses, No 1 and No 2. Rishaan lived in No
1.
Five years ago, Rishaan granted Sai a two-year lease of No 2 by deed.
Four years ago, Rishaan gave Sai permission to attach solar panels to the
roof of No 1. The panels provide No 2 with electricity.
Three years ago, Sai’s two-year lease expired. Rishaan immediately
granted Sai a new, seven-year lease of No 2 by deed. The lease does not
contain any express easements.
Last week, Rishaan sold No 1 to Tarun. He transferred the property to
Tarun by deed.
Yesterday, Tarun told Sai to remove the solar panels from the roof of No 1.
Advise the parties:
(i) whether the right to attach the solar panels to the roof of No 1
is capable of being an easement;
(ii) whether Sai acquired that right as an easement; and
(iii) whether Sai can enforce that right against Tarun.
consists of two semi- detached houses, No 1 and No 2. Rishaan lived in No
1.
Five years ago, Rishaan granted Sai a two-year lease of No 2 by deed.
Four years ago, Rishaan gave Sai permission to attach solar panels to the
roof of No 1. The panels provide No 2 with electricity.
Three years ago, Sai’s two-year lease expired. Rishaan immediately
granted Sai a new, seven-year lease of No 2 by deed. The lease does not
contain any express easements.
Last week, Rishaan sold No 1 to Tarun. He transferred the property to
Tarun by deed.
Yesterday, Tarun told Sai to remove the solar panels from the roof of No 1.
Advise the parties:
(i) whether the right to attach the solar panels to the roof of No 1
is capable of being an easement;
(ii) whether Sai acquired that right as an easement; and
(iii) whether Sai can enforce that right against Tarun.
