Law homework help.
Q4) EASMENTS
This is the key elements for easements when doing the question:
- 1) Identify the Easements
- 2) Apply Ellenborough Park
- 3) Decide on Acquisition (Apply the relevant criteria)
- 4) Conclude
The format in which these questions should be done is form of IRAC
ISSUE
RULE
APPLICATION
CONCLUSION
Thank youuuuuu
This is what ive done so far below if it helps
Easement as a whole are defined as “A right of use over the property of another”[1] as well as ‘to prevent others from utilising his land in a particular manner’[2]. I will now begin this by looking into the 4 alleged easements are viable and capable of being an easement by meeting the criteria within Re Ellenborough park[3] as this is where the key principle was created. There are 2 types of easements which are A positive easement which is concerning a right of way over someone else’s land as well as using it themselves. Secondly negative easement
Walking his dog across the path and in doing so has removed a fence panel
Car parked on broadacre which is a positive easement
Firstly, there must be a dominant and servient land (2 pieces of land) yes
Secondly the right must accommodate the dominant land (land must be separate)
Thirdly the dominant and servient tenements must not be occupied by the same individual (sufficiently close together)
The right must be capable of being granted by deed… (it cannot be a purely personal benefit, the right must be certain) Coventry v Lawrence
Easement act, trespasser can be allowed to use the
[1] https://legal-dictionary.thefreedictionary.com/easement
[2] Halsbury’s Laws, 4th end, vol.14 para. 1
[3] (1995) 3 ALL ER 667, CA
