For as long as Omar can remember he and his family as the owners of Eastcott Grange have regularly taken a shortcut across the northern part of the estate now owned by Sarah. First dealing with the covenants: Sarah, as the current owner of the servient tenement, has the right to secure her land, but should provide Omar with a key.
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It must be asked whether there is an interest present with the characteristics of an easement and if so, whether the easement was properly created.
Shortly afterwards Natasha, having completed the construction of the house, sold her land to Sarah. The easements have not been created expressly as they were not mentioned in the deed of transfer. In regard to the shortcut, for an easement to be created by prescription, there must have been 20 years uninterrupted use, not by force, in secret or with permission.
Sarah will only bear the burden of these rights if it has passed to her with the land. Omar has observed several taxis parked along the northern part of the drive and has discovered that Sarah is operating a taxi service from the property. It appears that the access rights have the requisite characteristics of an easement.
This rule dictates that if the benefit of a covenant is to be accepted then the burden of the covenant must also be born. A covenant is a promise made by deed.
In regard to the payment towards the maintenance of the drainage, the rule in Halsall v Brizell should apply. Sarah has recently blocked off the gap in the fence which gave access to the shortcut, thus preventing its further use.
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Re Ellenborough Park gives the characteristics of an easement: He would also like to know whether he could insist on the erection of a boundary wall and further, ensure a contribution towards the drainage expenses he has incurred.
In accordance with usual practice, it is likely that Natasha, in order to avoid liability for future breaches of covenant, would seek an indemnity from Sarah, yet Sarah may have disputed this as Natasha had already breached the covenant to erect the wall by exceeding the time condition.Easements Land Law.
Topics: Common law Land Law Essay Land Law Spring Term Assessment Even though Joanna paid an initial contribution towards the house, she does not have a legal interest. This is because the house was registered in only Ian's name and therefore he is the sole legal owner.
Property Law Coursework Essay Words | 5 Pages. Unregistered land is the title that is established from old fashioned title deeds and is not to be found in the register of title governed by the Land Registration Act This essay has been submitted by a law student.
This is not an example of the work written by our professional essay writers. Easements and incumbrances in. Sample law essay. The law essay below has been submitted to us by a student in order to help you with your studies.
Please ensure that you reference our essays correctly. An easement essentially is a right in another's land and confers both a benefit and a burden. Megarry & Wade1 introduces easements by stating: "The common law recognised a limited number of rights which one landowner could acquire over the land of another; and these rights were called easements and profits.
Land Law - Easements Essay. Download.
Land Law words ‘The Law of Easements are complex and archaic and in desperate need of reform. Unfortunately, the reforms proposed by the Law Commission will not produce a regime fit for the 21st century’ Discuss The law relating to easements has become an increasingly important .Download