Easements
- These are legal interests in land ensuring judicial certainty in the event of disputes (i.e. not merely equitable interest allowing judicial discretion as to the outcome).
- Think of Legalease-ments (jargon) as op. Equitable Interests
- Two Types of easement, Usage and Granted:
- 1. Entitled by use - uninterrupted for 20 years without
- Concealment (Secrecy
- Force
- Permission
- (the mnemonic CFP is a lettings software program used by letting agents assisting electronic management of tenancies)
- 2 Expressly granted (i.e. documented upon sale of property in the property deeds).
- Usu. involves two separately owned portions of adjacent land with a dominant right over the owners land by the non-owner.
- This right creates a Dominant and Servient Tenement.
- The dominant right benefits the non-owner
- The servient tenement suffers the burden of the dominant non-owner using the right of way to access another nearby portion of land.
- Such situations are usually clear in the deeds but can cause neighbour disputes when unclear.
- The Law of Property Acts 1925 provide the rules.
- Examples include rights of [L.A.W.S.):
- Light
- Aqua (Water)
- Way
- Support e.g. a supporting wall.
- 1. Entitled by use - uninterrupted for 20 years without
- Two Types of easement, Usage and Granted:
See also
Published: 5 November 2013 Last Updated: 4 December 2021