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Easements: Enforcing, Parking, Creaing, Legal+EQ - Coggle Diagram
Easements: Enforcing, Parking, Creaing, Legal+EQ
Legal/Equitable
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Legal: made for years absolute in possession or a term of years absolute (s.1(2)(a) LPA 1925) TOC p. 17
Equitable: any other valid easement, including all those created informally TOC p. 18
Car Parking
Batchelor v. Marlow: a claim to the exclusive right to park cars on a particular strip of land between 8.30 a.m. and 6.30 p.m. on Mondays to Fridays was considered to amount to too extensive a use of the servient land to be capable of being an easement TOC p.62
Hair v. Gillman,76 the court held that a right to park one car on any part of a forecourt which could accommodate four cars could be an easement TOC p.62
Kettel v. Bloomfold, 77 the respondent landlord was injuncted from building on the parking spaces on his land, which the appellants had a right to use. TOC p.62
R Square Properties Ltd v. Nissan Motors (GB) Ltd,79 the judge held that the respondent's exclusive right to use eighty parking spaces on the servient land did not deprive the appelant of reasonable use, because he could still use the land for other purposes. TOC P.62
Creating
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Implied: They will implied under Necessity, Common Intention, Wheeldon v Burrows (Qusai-Easements), LPA 1952 TOC p.34-35; See TOC p.46 For Cases
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Wheeldon v Burros: A land owner transfers part of their land and retains the rest – forming a “quasi easement” over the land retained TOC p.46
Enforced
The Benefit of an easement, regardless of legal or equitable, will pass to future owners of the dominant tenement as it is attached to the land TOC p.47
UnReg Land
• The benefit of an easement automatically passes to future owners of the dominant tenement, legal easements override 1st registration of the servient land TOC p. 47
Equitable Easements equitable, it must be protected by registration of a land charge under the Land Charges Act 1972 TOC p.47