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Easements: Land law - Coggle Diagram

- - - - Ives v High
  - - - If its attched to a DT that is a legal estate (freehold of leasehold)
    - - DEED
      - REGISTERED DISPOSITION
      - PRESCRIPTION
      - STATUTE
- - - - To figure this out, look at essential characteristics of an easement: 4 main ones that come from Ellenborough Park
        
        The separation of DT and ST
        
        Means that each tenement must have different owners.
        
        Easement is extinguished if one person comes to own both properties
        
        The easement must accommodate the DT
        
        Means that the easement must benefit the actual land itself - not just the owner. For this, easement must be attached to the land...
        
        For this, it must benefit:
        
        a) Use of the land
        
        b) value of the land
        
        c) mode of occupation of the land
        
        Cases are usually decided on their facts, but courts have given some guidelines... so consider...
        
        ST must be sufficiently proximate to the DT - this means that DT can benefit from the ST.
        
        No specific need for them to 'share boundaries' but the further away, the less likely they are to be considered an easement.
        
        Easement shouldn't confer a purely personal advantage to the owner of DT
        
        Hill v Tupper - a right that confers a purely recreational and amusement use on the DT will not be accepted as an easement
        
        2 more items...
        
        Must be a DT and ST
        
        Must be a land that is benefited and a land that is burdened
        
        Both must be identifiable at the time that the easement is created
        
        Alleged easement must be 'capable of forming the subject matter of a grant'
        
        Means that every easement must be capable of being expressly conveyed by deed... doesn't have to actually be created by deed, just capable of it
        
        Requirements are:
        
        There must be a capable grantor ; not a minor
        
        capable grantee : not a minor
        
        Easement must be definite : must be sufficiently certain and unambiguous. Easements held to be too vague was in Alfred case
        
        Alleged easement must be within the general nature of rights recognised as easements 3 parts to this:
        
        Cannot impose a positive burden on the ST owner: ST owner should only have to allow DT owner to do his easement without interferance
        
        Cannot impose undue restrictions on the ST land: Ouster principle - Law of easements won't recognise easements that give too much power or control of ST land to DT owner.
        
        1 more item...
        
        Shouldn't prevent ST from doing something on their land... meaning that negative easements will rarely be recognised as an easement
        
        1 more item...
    - - Expressly created 3 types:
        
        1) Created by statute - usually for some public purpose
        
        2) Created by deed (unregistered land) or registered disposition (registered land)- BUT an express grant of easement may be made even without it written in the deed or RD
        
        3) S62 LPA 1925 - Means that benefit of easement passes to new owner of DT with the conveyance, even without mention of it in the conveyance, unless its mentioned that the easement shouldn't pass in the conveyance.
        
        BUT, this can also be used to convert 'precarious rights' to easements. International Tea Stores v Hobbs 3 conditions -
        
        A) ONLY APPLIES TO GRANT OR TRANSFER OF LEGAL ESTATE
        
        b) ONLY RIGHTS CAPABLE OF BEING EASEMENTS CAN BE CREATED
        
        c) THE USE MUST BE TAKING PLACE PRIOR TO THE CONVEYANCE OF THE DT TO THE PERSON CLAIMING THE EASEMENT.
        
        d) PRIOR DIVERSITY OF OCCUPATION
        
        e) ALTERNATIVE TO PRIOR DIVERSITY OF OCCUPATION
      - Implication
        
        Where an easement has not been ecpressly created by the law implies
      - Prescription
      - They can also either be:
        
        Granted : where ST grants DT easement over his land
        
        Reserved : where DT owners sells or leases land and retains some right for himself over the land