Copyright c Onelbriefs. All rights reserved. Home full brief list briefs by course outlines contact. Property Law Outline - Easements Definitions An easement is a grant of an interest in land that entitled a person to use land possessed by another. Distinctions Affirmative v.
The Law Relating To Easements Law Land Property Essay
Easement | Term Paper Warehouse
Do the rules differ in the case of implied reservation of an easement and why is this the case? Therefore, an easement imposes a burden on a piece of land servient land and constitutes a corresponding benefit to another piece of land dominant land. An easement constitutes a property right in the servient land, and as such it is generally enforceable against a subsequent owner of the servient land and can be generally enforced by a subsequent owner of the dominant land. In order to be an easement a right must fall within the criteria laid down in the case of Re Ellenborough Park. Furthermore, an easement will accommodate the dominant tenement where there is sufficient proximity between dominant and servient tenements and where the rights benefit the estate, rather than being a personal right.
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In the past, English law has been underpinned by a strong and generally unifying desire to protect the rights of persons who could demonstrate a long established de facto enjoyment of land. Indeed, the Prescription Act legislatively entrenched prescription, and in particular, prescriptive easements. The underlying assumption was that the principle of prescription was necessary to reconcile the conflicting interests of landowners The basis of prescription is that if long enjoyment of a lawful right is shown, the courts will uphold the right by presuming it had a lawful origin. There are three types of prescription, namely, prescription at common law, prescription under the doctrine of lost modern grant and prescription under the Prescription act The following document will discuss the current short comings of the law of acquisition of easements by prescription and provide detailed study of recommended reforms.
I help students navigate the complexities of studying law and becoming a lawyer! Tim owner of the freehold estate in Blackacre grants Emily owner of the freehold estate in Blueacre a right of way over Blackacre. Tim sells part of Blackacre to you and either:. We work really hard to provide you with incredible law notes for free In other words, during her ownership of Blackacre, Claire is acively using part of her land i.