EASEMENTS OVERVIEW
EASEMENTS A PROPRIETARY RIGHT TO USE LAND THAT BELONGS TO SOMEBODY ELSE.
Right of way, Drainage, Storage, parking on neighbouring land.
CAN BE LPA 1925 s 1(2)(a) LEGAL EASEMENT
LEGAL OR Easement = whole term of freehold or leasehold
EQUITABLE
EQUITABLE EASEMENT
Easement granted not for whole term of freehold or leasehold can only
be Equitable
CAN BE POSITIVE (OVERWHELMING MAJORITY) – Allow Grantee to use servient
POSITIVE OR land in particular way.
NEGATIVE NEGATIVE (Rare – Courts cautious) – They PREVENT the servient land
owner from doing something ON THEIR OWN LAND -giving Grantee right
to receive something.
Only Court recognised = Light (specified aperture), Air, support (from
wall)
CAN BE Land divided
GRANTED OR
RESERVED A Sells half – GRANTS right of way over kept land to get to other half.
GRANTED.
A sells half – RESERVES right of way over sold land to get to kept land.
RSERVED. Strictly construed – any attempt to extend will be denied
CAN BE EXPRESS
EXPRESSLY In deed or lease when land sold or leased. (or at later point by)
OR Most created this way.
IMPLEIDLY
CREATED IMPLIEDLY
Effectively written in to document it was left out of.
Arise by PRESCRIPTION (Have been used openly)
• Exercised OPENLY
• For AT LEAST 20 YEARS.
EASEMENTS A PROPRIETARY RIGHT TO USE LAND THAT BELONGS TO SOMEBODY ELSE.
Right of way, Drainage, Storage, parking on neighbouring land.
CAN BE LPA 1925 s 1(2)(a) LEGAL EASEMENT
LEGAL OR Easement = whole term of freehold or leasehold
EQUITABLE
EQUITABLE EASEMENT
Easement granted not for whole term of freehold or leasehold can only
be Equitable
CAN BE POSITIVE (OVERWHELMING MAJORITY) – Allow Grantee to use servient
POSITIVE OR land in particular way.
NEGATIVE NEGATIVE (Rare – Courts cautious) – They PREVENT the servient land
owner from doing something ON THEIR OWN LAND -giving Grantee right
to receive something.
Only Court recognised = Light (specified aperture), Air, support (from
wall)
CAN BE Land divided
GRANTED OR
RESERVED A Sells half – GRANTS right of way over kept land to get to other half.
GRANTED.
A sells half – RESERVES right of way over sold land to get to kept land.
RSERVED. Strictly construed – any attempt to extend will be denied
CAN BE EXPRESS
EXPRESSLY In deed or lease when land sold or leased. (or at later point by)
OR Most created this way.
IMPLEIDLY
CREATED IMPLIEDLY
Effectively written in to document it was left out of.
Arise by PRESCRIPTION (Have been used openly)
• Exercised OPENLY
• For AT LEAST 20 YEARS.
