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Week 9A: Easements - Coggle Diagram

- - - - Wilden v Burrows
  - - - Generally easy to identify
  - - - Dominant tenement is the land that benefits from the interest (eg, rightof way)
      - Servient tenement is land which is burdened by it. It acts as an encumbrance on servient tenement land
      - Easements in gross are an exception to this rule. These easements attach to the individual not to the land, it is personal. Recognised under legislation but not common law.
        
        A person is given a right to pass through another person's property
    - - Generally must be of some benefit to the dominant tenement. It adds value to the dominant tenement.
      - It is not enough that there be some commercial or business use of the dominant tenement is enhanced. The subject matter of the easement must have a connection to the land itself.
      - Clos Farming Estates Pty Ltd v Easton [2001] NSWSC 525 at [47]
    - - the two property owners must be different entities
      - Changed in statute ss 86, 87 LTA
        
        s 86 LTA
      - Assists owners who are developing and sub-dividing their land
    - - There is some overlap with element 2, see Re Ellenborough Park especially recreational type easements
      - It cannot be too vague or too wide
      - Cannt be precarious
      - Cannot be so extensive so that it ousts the owner's right from enjoyment or control of the land
        
        Ouster principle: Clos Farming Bryson J
        
        May be controversial where you have easements that give rights to parking and storage
        
        RPIQ p 782
    - - applied in Re Ellenborough Park {1955] WLR 91, approved on appeal Evershed MR [1956] 1 Ch 131
  - - - 185(3)
        (a) The easement was in existence when the lot burdened by it was first registered, but the easement particulars have never been recorded....
        
        omitted
      - (b) the easement particulars have previously been recorded...but the current particulars...do not include the easement particulars, other than because the easement has been extinguished...
        
        misdescribed
      - (c) the instrument providing for the easement was lodged for registration but, because of an error...has never been registered
        
        omitted