Easements in Land Law

Understand essential characteristics of easements compared to other third-party rights (covenants, leases).
Explain creation methods and enforceability of easements.

Definition: An easement is a right attached to one parcel of land (dominant tenement) allowing the use of another parcel (servient tenement).
Types of Easements:
- Positive Easements: Allow the dominant landowner to use the servient land (e.g., right of way).
- Negative Easements: Restrict the servient landowner’s use of their land (e.g., right to light).
Distinction between easements, licenses, and covenants is essential: trespassing without authority vs. needing permission (license).

Dominant and Servient Tenements: Two parcels of land must exist—one benefiting (dominant) and one burdened (servient).
- Example: A has Redacre (dominant) and B has Blueacre (servient) with A's right of way.
Accommodating the Dominant Tenement: The easement must provide a benefit related to the dominant land and enhance its enjoyment.
- Legal Precedent: In Re Ellenborough Park, access rights must enhance normal enjoyment of the property.
Different Ownership: The dominant and servient tenements cannot be owned by the same individual.
- Example: A landlord might grant a lease allowing a tenant an easement over retained land.
Capable of Grant: The easement must be capable of being definitively granted through legal means; vague rights often do not qualify.
- Court Examples: Issues around rights to views and the need for defined rights (e.g., paths, light access).

Clearly articulated agreement between two parties regarding easements during the sale of land.

Implied easements can arise without written agreements based on necessity or common intentions.
- Easements of Strict Necessity: Emerge when no alternative access exists; extremely limited circumstances.
- Easements due to Common Intention: Created to fulfill an implied agreement about land use.
- Rule in Wheeldon v Burrows: Buyers may acquire easements existing prior to the sale if the rights were used as quasi-easements.
- Section 62 of the Law of Property Act 1925: Implies rights of access along with the land.

Easements acquired through long use; requirements include open and unchallenged use for an established period (20 years).
- Common Law and Lost Modern Grant: Claims must show that the right has been exercised consistently without interruption, based on the presumption of a lost deed.
- Prescription Act 1832: Facilitates claims and establishes rights after 20 years of use.

Types of Easements:
- Legal Easements: Must comply with the Law of Property Act 1925 to bind future owners.
- Equitable Easements: Arise under different conditions where formalities of legal easements are not followed through.
System of Registration affects how easements function under law, particularly in terms of binding new owners.
Unregistered Title vs. Registered Title: The distinction is crucial for understanding rights and claims under easements.

Easements can be terminated by express release or through methods such as abandonment when no longer used.

Diagram all pertinent land details and ownership changes.
Analyze each claimed right for easement criteria from Re Ellenborough Park.
Determine the method of creation (express, implied, prescription).
Assess enforceability against new owners based on easement type and registration status.

The chapter presented easements' structures, creation, enforcement, and termination. Understanding these concepts is vital for practical applications in real property law and land use disputes. Use practice scenarios to reinforce knowledge and applications of these principles.