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How do you create an easement?
LP(MP)A 1989 s.2(1)Deed required in order to gain a legal interest in land
Writing required in order to gain equitable interest o Entry of notice required for Servient land (presuming registration) o Easement also has to be registered to title of Dominant land
These easements transfer automatically on transfer of the Dominant land o St Edmundsbury & c v Clark :
? And there is no problem of transfer just because only part of the Dominant land is transferred. Prescription
Land must have been used for 20 years by same user
And use must not have come from force, stealth or permission - only acquiescence Implied Easements
These are implied into a deed of conveyance or lease and have the same effect of expressly granted easements o Implication will take place where the grantor owns two plots and sells or leases one of them to the grantee
? Vendor (Grantor) will look for implied reservation
? Purchaser (Grantee) for implied grants
When both plots sold, implication takes place if both plots sold at same time (not necessarily conveyance together) o Each purchaser gets implied grants against each other. Implied Reservation
This is when the grantor reserves some rights to himself having transferred the plot of land to the grantee o Must be express
? Wheeldon v Burrows (1879): X sells land to X, then workshop facing land to Y. Y attempts to stop X building and blocking his light.
Thesiger LJ: o Rule 2 = if the grantor intends to reserve any right over the tenement granted,
? it is his duty to reserve it expressly in the grant.
Only exception is where easement has to be reserved by necessity
? Re Webb's Lease : L granted tenancy to T. Later granted lease to T, including outer walls. On outer walls = sign advertising L's business. L had not expressly reserved right, tried to imply it.
Evershed MR: o Fact that T might have knowledge of L's intentions to reserve rights is irrelevant
? Only if L expressly reserves right, or proves that right is one that must be reserved through necessity
Will any rights be reserved over granted land. o However, it can be proved where:
? Reservation necessary in narrow sense
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