Deck 7: The Law of Easements and Profits

Question 1

an easement can be created between a freehold owner and a licensee of adjoining land.

Answer 1

False

Question 2

What was the alleged easement in Moody v. Steggles?

A) A right for hotel guests to use the adjacent garden in summer time
B) A right to moor a boat
C) A right to store coal in a coal shed
D) A right to hang a pub sign on neighbouring land

Answer 2

D

Question 3

In which case was it confirmed that a right to moor boats was capable of subsisting as an easement?

A) Moody v. Steggles
B) Hill v. Tupper
C) Platt v. Crouch
D) Re Ellenborough Park

Answer 3

C

Question 4

Which of the following rights would be capable of constituting an easement?

A) A right for children to play in a neighbour's garden
B) A right to wander over open countryside in order to admire the view
C) A right to use a neighbour's shed for limited storage
D) A right to climb a neighbour's tree in order to watch football on the nearby pitch

Question 5

In which case was it made clear that a right to a good view was not capable of constituting an easement?

A) Re Aldred.
B) Moody v. Steggles
C) Crow v. Wood
D) Platt v. Crouch

Question 6

Which of the following methods of creation would not give rise to a legal easement?

A) Implication into a deed under section 62 of the Law of Property Act 1925
B) Easement of necessity
C) Implication under the rule in Wheeldon v. Burrows
D) Easement of necessity when dealing with a transfer of an equitable estate

Question 7

What was the common intention in Wong v. Beaumont Properties?

A) To run a pub from the leased property
B) To run a restaurant from the leased property
C) To operate a joint air conditioning system
D) To share coal storage facilities

Question 8

What year was fixed in the Statute of Westminster 1275 as the date 'beyond legal memory' and what role does this date play in claims for prescription at common law?

A) 1189
B) 1139
C) 2002
D) 1952

Question 9

What is the effect on an easement of the freehold interest of the dominant and servient tenements coming into the same ownership and possession?

Question 10

What is the meaning of the requirement that the easement must be capable of being expressed in a grant?

Question 11

Why did the court reject the possibility of an easement in Hill v. Tupper?

Question 12

Which exception to the rule that easements should not require the servient owner to spend money was confirmed in Crow v. Wood?

Question 13

Can estoppel create an equitable easement? Justify by reference to the case law.

Question 14

What is the effect of a failure to grant an easement by deed (and in the case of registered land to register that easement) where there is a written contract which meets the requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989?

Question 15

What was the easement recognised in Wright v. Macadam?

A) A right to store coal in part of a coal shed
B) A right to use a washing line
C) A right to moor boats
D) A right to be the only person to store coal in the coal shed

Question 16

Which of the following is not one of the requirements outlined by Evershed MR in Re Ellenborough Park?

A) There must be a servient and dominant tenement in separate ownership
B) The right must be capable of being the subject matter of a grant
C) The right must accommodate the dominant tenement
D) The purported easement must be capable of being expressed in a monetary value

Question 17

the dominant and servient tenements have to be adjacent neighbours in order for it to be possible for there to be an easement over the servient land for the benefit of the dominant tenement.

Question 18

easements can only be legal easements if attached to a legal freehold or leasehold estate.

Question 19

in registered land an expressly granted easement must be registered by entry of a notice in order to be a legal easement. Justify your answer by reference to the statutory provisions.

Question 20

impliedly granted easements need to be registered in order to be legal easements.

Question 21

an implied easement which has been used within one year immediately prior to the transfer will only bind a purchaser of the burdened estate who was aware of it as an overriding interest under Schedule 3, paragraph 3 Land Registration Act 2002.

Question 22

if a freehold owner takes a lease of the land over which there is a right of way which benefits his freehold land, that easement will be extinguished and cannot be revived.

Question 23

there is such an easement as protection from the weather.

Question 24

an easement of necessity will be implied where land is accessible by foot only.

Question 25

the requirement that an easement be continuous and apparent under Wheeldon v. Burrows requires that the easement be in constant use.

Question 26

it is possible to acquire an easement for the benefit of a leasehold estate through the operation of prescription in common law prescription.

Question 27

easements of light can be acquired by prescription even if the servient owner was consenting.

Question 28

according to Platt v. Crouch prior diversity of occupation is not required for the operation of section 62 Law of Property Act 1925.

Question 29

a dominant owner's belief that consent has been given for his use of the servient land prevents him from claiming a right arising by prescription. Justify your answer by reference to the case law.

Question 30

What was the available access in Manjang v. Drammeh and what was the effect of this on the argument that there should be an easement of necessity implied?