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Easements: Ellen + LRA - Coggle Diagram
Easements: Ellen + LRA
These are rights which one landowner enjoys over the land of a neighbour: a right of way is common TOC p.17
Dominant tenement: a piece of land which benefits from a right to do something on, or over, neighbouring land TOC p. 17
Profit à prendre: a right to take something from land belonging to another person, for example, a right to take fish from a lake on land belonging to another TOC p. 17
Servient tenement: a piece of land over which another, neighbouring landowner has rights to do something TOC p.17
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b4 LRA 2002
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• Legal easements created before first registration of the land were overriding interests under s.70(1)(a) LRA 1925 TOC P.20
UNDER LRA 2002
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• Express easements created after 2003 will need to be substantively registered under s.27 LRA 2002 to be legal and overriding TOC P.20
First registration takes effect regardless if easement was created formally, informally or prescription TOC P.20
• Schedule 1 of LRA 2002 provides that all legal easements are interests that override a first registration of the servient tenement TOC P.20
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