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easements - Coggle Diagram

- - - - can't obstruct right, if put in gate given tenement owner a key
- - - - in standard conveyancing - if landlocked property given right of way
    - - easement by necessity
        
        absolute necessity, no other way to perform act or access land
        
        Wong v Beaumont renting basement of property, chinese restaurant, need to install vent to comply with health and safety guidelines to remove smell, - held - if don't have access lease useless as can't run restaurant
        
        Manjang v Drammah tried to claim essential, evidence demonstrated could access land by way of boat - refused claim
      - intended easement
        
        quasi easement
        
        Wheeldon v Burrows plot of land had workshop on it, original owner sold workshop to Burrows, Mr Wheeldon has front of land, he dies and his widow starts building structure- - court held can imply easement where land previously owned by 1 person now fractured
        
        transformed into a full easement when property splits
        
        test
        
        necessary to reasonable enjoyment of part of land granted
        
        had been and currently used for benefit of the land
        
        easement when land sold is continuouds and apparent
        
        s40 2009 act
        
        s71 2009 act - wider
      - easement by estoppel
        
        had relied on promise that an easement would be given
        
        Crabb v Arun District Council land bought adjoining main road, wanted to sell, contacted council to ensure would have right of passage, initially had access - had key to gate - council started blocking - promise made, relied on it to his detriment, got easement by estoppel - right of way and access
    - - state bodies such as ESB granted access to land to carry out functions
    - - during conveyancing reserve own right to access property selling
  - - - presume at somepoint lost since 1189, than need 20 years to show compliance
      - an objector need to show never granted
      - Orwell Park Management argument over right of way if for pedestians only or vehicles, plaintiffs showed deliveries used to be done by horse and cart, stopped being used, but had been used for at least 20 years so granted easement
    - - pre 2009 could claim using doctrine of lost modern grant,, prescription act 1832 or claimed existince since 1189
      - changed time to 12 years
    - - if completed after 30 November 2021, can only use doctrine of lost modern grant - if for land owned owned by state authority time is 20 years and 60 years if foreshore land
      - if relying on period after 1 December 2009 use doctrine of lost modern grant
      - if relying on period completed pre 2009 use common law
      - going forward need to show 4 charateristics of easement from Ellemsborough park, easment enjoyment for at least 20 years, 20 years exercised as a right and not done with force or in secret or with oral or written consent
- - - - 2009 act originally said 12 years
      - 2021 act said common law rules apply
- - - - right held by one owner of land over land of another
      - exists against the land not the person
      - elements
        
        right by owner of land (dominant tenement) over neighbouring piece of land (servient tenement), used for benefit of dominant
        
        Ellensborough Park 4 essential features
        
        capable of forming a subject matter of a grant (be written down)
        
        ownership and occupation by different people
        
        dominant tenement be accomodated
        
        land not owner of land
        
        dominant and servient tenement
        
        defined in 2009 act s33
        
        don't have to be connected e.g. Latimer terraced houses
        
        attached to land not individual
        
        can't be overly burdensome and for the benefit of the land
        
        Latimere can sue if someone breaches easement
      - types
        
        positive easement - holder of easement allowed use right in certain way
        
        negative - prevents servient tenement from using land in a certain way
    - - right to take something from anothers land
      - can be for benefit of a person e.g. fishing