EXPRESS CREATION
▪ Most created this way – on sale of land – in deeds etc.
▪ As separate deal
▪ Very powerful proprietary rights
CAN BE LEGAL:
▪ Must be created for SET time to be legal ALL others are equitable. (LPA 1925
s1(2)(a))
▪ Must be created by deed (obvs deed, signed and witnessed, delivered) &
Registered (LRA 2002 s 27(2)(d))
▪ Then BENEFIT is noted on property register of DT and BURDEN is noted in
charges register of ST title.
CAN BE EQUITABLE
▪ Fits definition if legal but not created properly
▪ May be recognised as estate contracts (if complies with LP(MP)A 1989 s 2
(writing, all terms, signed by both)
▪ No substantive registration needed.
▪ Easements that are otherwise legal but not for set time are equitable – can be
created if formalities are set out in LPA 1925 s 53(1)(a) (in writing, signed by
grantor, no substantive registration needed)
IMPLIED ACQUISITION
NECESSITY
▪ May be implied into document from which it was admitted
▪ Can be implied as grant or reservation (very rare)
▪ Very narrow scope
▪ Only for right of way for landlocked land.
▪ Not for reasonable enjoyment bur without which land cannot be used at all.
(Manjang v Drammeh) river – no impled easement
▪ Pryce v McGuiness – no easements for drainage, sewerage or electricity – still not
implied as not absolutely essential for enjoyment of land.
▪ Adealon v Merton BC – no easement as another land could grant right of way over
theirs instead.
▪ Sweet v Sommer 2015 – WIDER – car when already foot access.
COMMON INTENTION
▪ Narrow scope
▪ Land sold for a particular purpose and cannot be used for that purpose without the
easement.
▪ Intention must be for land to be used in definite and particular manner (Pwllbach
Colliery v woodman)
▪ Also right o use other easement (ie – right to park = right to access parking space
by vehicle)
▪ Most created this way – on sale of land – in deeds etc.
▪ As separate deal
▪ Very powerful proprietary rights
CAN BE LEGAL:
▪ Must be created for SET time to be legal ALL others are equitable. (LPA 1925
s1(2)(a))
▪ Must be created by deed (obvs deed, signed and witnessed, delivered) &
Registered (LRA 2002 s 27(2)(d))
▪ Then BENEFIT is noted on property register of DT and BURDEN is noted in
charges register of ST title.
CAN BE EQUITABLE
▪ Fits definition if legal but not created properly
▪ May be recognised as estate contracts (if complies with LP(MP)A 1989 s 2
(writing, all terms, signed by both)
▪ No substantive registration needed.
▪ Easements that are otherwise legal but not for set time are equitable – can be
created if formalities are set out in LPA 1925 s 53(1)(a) (in writing, signed by
grantor, no substantive registration needed)
IMPLIED ACQUISITION
NECESSITY
▪ May be implied into document from which it was admitted
▪ Can be implied as grant or reservation (very rare)
▪ Very narrow scope
▪ Only for right of way for landlocked land.
▪ Not for reasonable enjoyment bur without which land cannot be used at all.
(Manjang v Drammeh) river – no impled easement
▪ Pryce v McGuiness – no easements for drainage, sewerage or electricity – still not
implied as not absolutely essential for enjoyment of land.
▪ Adealon v Merton BC – no easement as another land could grant right of way over
theirs instead.
▪ Sweet v Sommer 2015 – WIDER – car when already foot access.
COMMON INTENTION
▪ Narrow scope
▪ Land sold for a particular purpose and cannot be used for that purpose without the
easement.
▪ Intention must be for land to be used in definite and particular manner (Pwllbach
Colliery v woodman)
▪ Also right o use other easement (ie – right to park = right to access parking space
by vehicle)
