100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Consolidation on Acquisition of Easements - L4 Land Law $3.86   Add to cart

Presentation

Consolidation on Acquisition of Easements - L4 Land Law

 9 views  1 purchase
  • Course
  • Institution

Presentation on the acquisition of easements. Capability Rules Acquirement Implied Acquisition Common Intention Wheeldon v Burrows LPA 1925 Prescription

Preview 2 out of 8  pages

  • June 23, 2023
  • 8
  • 2021/2022
  • Presentation
  • Unknown
  • Unknown
avatar-seller
Easements
Modes of Acquisition

, Capability
•As an easement is a very powerful right in land, there are stric
which must be met before a right can be recognised as a
easement rather than simply a personal right.

Rules •To be a fully enforceable proprietary right known as a legal ease
the right claimed must therefore pass all of these four s
1) Does the right comply with the test First, to be a legal easement the right must fall within the definition s
for duration in LPA 1925, s 1 (2)(a)? in LPA 1925, s 1(2)(a) as to duration.
If the right has not been granted or reserved for the equivalent
freehold or leasehold estate, then it can only be equitable LPA 1
1(3).
2) Does the right fulfil the requirements Second, the right must be capable in principle of being an easement.
set out in re Ellenborough Park? satisfy the tests laid down in re Ellenborough Park [1956] Ch 131.

3) Is the right prevented from being an Third, the right must not be prevented from being an easement by th
easement by a ‘disqualifying factor’? presence of one of the ‘disqualifying factors’: additional compulsory
expenditure by the servient owner; use which amounts to exclusive
possession; or permission.

4) Has the easement been acquired Fourth, the right must have been acquired as an easement. This can
either expressly, impliedly or by in one of three ways: by complying with the statutory formalitie
prescription? an express grant or reservation; by acquired impliedly by one
recognised methods; or by being acquired by prescription or long
Once it has been established that a right is capable of being an easement, it must then
shown that the right has been acquired in one of the recognised modes.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller littlelawlife. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $3.86. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

67096 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$3.86  1x  sold
  • (0)
  Add to cart