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Easements Notes

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Easements _______________________________________________________

General Principles Easements are almost single-use rights to do something:
? Contrast leases, which give you the right to exclusively possess or to mortgage, and that gives the bank control over the land if you don't pay them back They are critical in land use and many properties are subject to an easement; they are in every modern housing estate and and the consequence of properties packed closely together.
? Contrast with licenses, which are personal permissions that can be withdrawn & will only affect the person that's given them: an easement is a personal property right enjoyed by one piece of land over another piece They are much more powerful than a personal right. Infringing an easement will result in damages or an injunction. Usually easements do not impose a positive burden on the land that is subject to them; they are usually passive i.e. the RP must let B walk over or park etc on their land. Some exceptions to this rule, however; for example the easement of fencing which requires the person subject to the easement to build a fence (Crow v Wood) or to generate electricity (Cardwell v Walker) Regency Villas v Diamond Resorts (2015) Held: (HC) recognises that an easement may, in appropriate circumstances, be for a purely recreational purpose Common easements??Right of way Right of light Right to park Rights of air traffic (Dowty Bolton Paul v Wolverhamption Corp) London and Blenheim v Ladbroke - right to cross land with shopping trolleys!

Characteristics of an easement Re Ellenborough Park Rights to enjoy the parkland were granted to surrounding house owners - the War Office took possession of the land during WWII and thereafter sought to pay compensation to the surrounding homeowners. The original owners of the land challenged the compensation & argued that the homeowners were licensees,

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