Land Law - Lecture - Legal Easements, Lecture notes of Land Law

Download Land Law - Lecture - Legal Easements and more Lecture notes Land Law in PDF only on Docsity! How is a Legal Easement acquired Must be Created By Deed By Express grant or Reservation By Implied grant ( no implied reservation). Based on the principle ‘ that a grantor may not derogate from his grant’ 1 Implied Easements of Necessity these are impliedly granted by law in a deed, PAGE \* MERGEFORMAT 1 where necessary to enjoy the land at all ie an easement of access is implied where land is landlocked. 2/ Implied by common (mutual) intention of the parties Wong v Beaumont Property Trust Ltd Basement leased as a restaurant, For this use, air had to flow through a duct through the L/L retained ground floor, no easement for this had been expressly granted. Held such an easement was implied into the lease by common intention. PAGE \* MERGEFORMAT 1 time of conveyance…enjoyed with… the land.’ Meant as a word saving provision but as had a substantive effect, converting rights capable of existing as easements into easements under any deed ie Wright v Macadam L/L gave T permission to store coal in his cellar. When a new lease was grnted by an easement of storage passed under this lease by s62. Goldberg v Edwards 1950 Permission of right of way became an easement on grant of lease. PAGE \* MERGEFORMAT 1 Sovmots Investments Ltd v Secretary of State for the Environment • for s.62 to apply, the dominant and servient tenements must be Either owned and/or occupied by different persons ie must be diversity of ownership or occupation between them. By Prescription (use) At common law, under the fiction of lost modern grant or under Prescription Act 1832 PAGE \* MERGEFORMAT 1 1 Continuous ( regular) user for at least 20 years, as this amounts to user during living memory and therefore time immemorial. Date of legal memory started in 1189 ! (under the Statute of Westminster the first 1275 ) . 2 User must be ‘as of right’ ie consistent with the fiction that it was granted by a deed at some time in the past (lost modern grant). Therefore it must be exercised Nec vi, if any force is need to exercise right, it cannot be obtained by prescription, Nec clam PAGE \* MERGEFORMAT 1