LAWS2001 Week 6: Easements, Profits a Prendre, and Restrictive Covenants

These flashcards cover key concepts related to easements, profits a prendre, and restrictive covenants in property law.

Easement

A right annexed to land to utilise another's land of different ownership without taking anything from it.

Profits a prendre

A right to enter another's land and take part of its natural produce or soil.

Restrictive covenant

An obligation restricting what an owner may do on their own land.

Dominant tenement

The land that benefits from an easement or covenant.

Servient tenement

The land that is subject to the rights of the dominant tenement.

Positive easements

Easements granting the dominant tenement the right to do something over the servient land.

Negative easements

Easements allowing the dominant owner to restrain a particular activity on the servient land.

Creation of easements

Easements can be created through express grants, express reservations, or implied by common intention, necessity, or prescription.

Implied easements

Easements that are not expressly granted but are inferred through the necessities of the situation.

Common intention

An easement may be implied where necessary to give effect to the common intention of the parties involved.

Easement by necessity

An easement implied for the reasonable enjoyment of the land, typically applicable to landlocked properties.

Wheeldon v Burrows

A case establishing the requirements for implied easements arising from the subdivision of land.

Statutory extinguishment

The process through which easements can be varied or extinguished under specific legal provisions.

Covenantor

The individual who is bound by the terms of the covenant.

Covenantee

The individual who benefits from the covenant.

Positive covenant

A covenant that requires the covenantor to perform an action.

Negative covenant

A covenant that restricts or prohibits certain actions on the land.

Burden of the covenant

The obligation imposed on the covenantor to adhere to the terms of the covenant.

Benefit of the covenant

The advantage or gain received by the covenantee from the covenant.

Tulk v Moxhay

A landmark case that established principles regarding the enforceability of restrictive covenants.