Overview
Easements are a vital part of land law, combining property rights with shared land use. For those studying for the SQE1 FLK2 exam, a firm understanding of easements is important. This article examines their essential features, creation methods, and governing legal principles, highlighting recent changes and complex situations.
Essential Characteristics of Easements
For legal recognition, an easement must meet four criteria:
1. Dominant and Servient Tenement
An easement involves two separate parcels of land:
- Dominant Tenement: The benefiting land
- Servient Tenement: The burdened land
This relationship highlights the proprietary nature of easements, setting them apart from personal rights.
Example: Property A can use a private road on Property B to reach a public highway. Property A is the dominant tenement, while Property B is the servient tenement.
2. Accommodation of the Dominant Tenement
An easement must benefit the land itself, not just the owner, ensuring it increases the dominant tenement's utility.
Case Law: In Re Ellenborough Park [1956], the right to use a communal garden was valid as it increased the enjoyment and value of the properties.
3. Separate Ownership or Occupation
The dominant and servient lands must have different owners or occupants. This prevents easements when both are under common ownership.
Key Point: If ownership unites, any easement is generally extinguished, barring exceptions with other interests involved.
4. Capable of Forming the Subject Matter of a Grant
The claimed right must be clear and capable of being legally granted as an easement, avoiding vague rights.
Recognized Easements Include:
- Rights of way
- Rights of light
- Rights of support
- Rights to use pipes or cables
Methods of Creating Easements
Easements can be established through several methods, each with distinct legal effects:
1. Express Grant or Reservation
This occurs when the easement is clearly granted in a formal document, providing clarity about its nature and scope.
Key Considerations:
- Precise language
- Compliance with the Law of Property Act 1925
- Effects of the Land Registration Act 2002
2. Implied Grant or Reservation
Easements may be implied, even without an explicit agreement, based on:
- Necessity: Essential for reasonable land use.
- Common intention: Based on the parties' presumed intentions.
Case Law: The rule in Wheeldon v Burrows (1879) indicates that on selling part of land, the purchaser automatically receives necessary continuous and apparent quasi-easements.
3. Prescription
Easements can be acquired through long-term use, known as prescription, with three main methods:
- Common law: Use since time immemorial
- Lost modern grant: Assumes a missing grant
- Statutory prescription: Requires 20 years' continuous use
Important Note: The Land Registration Act 2002 has made acquiring prescriptive easements over registered land more difficult.
Complex Scenarios and Legal Impacts
Overreaching and Easements
Overreaching, often linked to trusts' beneficial interests, can apply to easements. When trustees sell land, certain interests may transfer to the sale proceeds.
Easements and Leasehold Covenants
The connection between easements and leasehold covenants can create complex situations. A tenant's parking right may be an easement or covenant, affecting enforceability.
Case Law: Pwllbach Colliery Co Ltd v Woodman [1915] demonstrates possible confusion and emphasizes precise drafting.
Human Rights Considerations
Human rights laws have reassessed traditional easement concepts.
Case Law: In Pye v United Kingdom (2008), adverse possession laws were scrutinized under the European Convention on Human Rights.
Real-World Examples
1. Right of Way Dispute
Smith has used a track across Brown's field for over 30 years. When blocked, Smith claims a prescriptive easement.
Analysis Required:
- Nature and continuity of use
- Use "as of right"
- Land Registration Act 2002's impact if land is registered
2. Light Easement in Urban Development
A developer's building plan reduces light to offices, sparking claims of light easements.
Key Considerations:
- Prescription of the right to light
- Degree of interference
- Possible remedies, including injunctions or damages
3. Implied Easement in Property Division
A landowner sells part of her property with a shared driveway, not mentioning access rights.
Legal Analysis:
- Application of the rule in Wheeldon v Burrows
- Right of way as "continuous and apparent"
- Land Registration Act 2002's effects
Conclusion
Understanding easements is vital for SQE1 FLK2 exam success and legal practice. The interplay of traditional principles, statutory intervention, and human rights considerations makes this area both challenging and dynamic. Key points include:
- The four key features of easements: dominant and servient tenements, accommodation, separate ownership, and grant capability.
- Creation methods: express and implied grants, and prescription, each with specific considerations.
- Impact of modern laws, particularly the Land Registration Act 2002.
- Potential for complex issues involving overreaching and human rights.
- The importance of applying theoretical knowledge to real-world situations.
By understanding these areas, future legal professionals will be equipped to handle the intricacies of land law and advise effectively on property matters.