Easements

• What is an easement?

  A right which benefits one piece of land over a different piece of land
• What is the servient tenement?

  Land which takes the burden of the right
• What is the dominant tenement?

  Land enjoying the benefit of the right
• Why is a personal right not considered an easement?

  Because it does not benefit a piece of land
• What are some examples of easements?

  • Rights of way
  • Drainage
  • Right to storage
  • Right to car parking
• What is a profit a prendre?

  A right to take something from land belonging to another
• How is a profit a prendre treated in relation to easements?

  It is treated like an easement
• What does "appurtenant" mean in the context of easements?

  Attached to land
• What does "in gross" mean in the context of easements?

  Not attached to land and transferable in its own right
• How must a legal easement or profit be created?

  By deed (or prescription)
• What is the duration of a legal easement?

  It can be for a fixed period or an unlimited one
• What happens if there is no deed for an easement?

  Equity may realize an easement if it is in writing and signed
• How can easements be created expressly?

  • By grant or reservation
  • Through deed and registration
• What is prescription in the context of easements?

  Exercising benefit over someone's land without their permission for 20 years without challenge
• What is the significance of the Doctrine of Necessity?


  It implies easements essential to use and enjoy the land purchased
• What does the Doctrine of Wheeldon v Burrows state?

  It applies where land previously owned by one is split and part sold
• What are the requirements for an implied easement under the Doctrine of Wheeldon v Burrows?

  1. Quasi-easement over the retained part in favor of the transferred part
  2. Continuous and apparent use prior to sale
  3. Necessary for reasonable enjoyment of the land
  4. Used before the split of the land
• What does section 62 state about implied easements?

  Generally, easements are implied in favor of the buyer/grantee
• When are implied legal easements binding on third parties?

  If known to the purchaser, obvious upon reasonable inspection, or used at least one year prior to disposition
• How must legal easements be registered?

  They must appear as notice on the property register of the dominant tenement title
• What is the burden of the easement?

  It appears as a notice on the charges register of the servient tenement title
• What is an equitable easement?

  It occurs where a legal easement has failed
• How is an equitable easement registered in registered land?

  Via Notice
• How is an equitable easement registered in unregistered land?

  Registered as a D(iii) land charge
• How would someone register a legal easement against unregistered land?


  Filing a caution with land registry