LAND LAW- EASEMENT (PROBLEM QUESTION AND ANSWER) LATEST 2023 WITH ANSWERS

LAND LAW- EASEMENT (PROBLEM QUESTION AND ANSWER) LATEST 2023 WITH ANSWERS Farmer Leonard comes to see you for advice: 1. (i) Farmer Leonard has owned the freehold estate in a piece of land, Redacres, for many years. Tony has rented a small cottage on this land for the past two years. The cottage has an access road to the main highway but it is uneven and unlit and so Farmer Leonard has always allowed Tony to use the farm’s main driveway instead as it is in far better condition. Two months ago, Tony purchased the freehold of the cottage from Farmer Leonard. Since then, however, the two men have fallen out and Farmer Leonard is now refusing to allow Tony to use the farm’s driveway. Tony is becoming very abusive and threatening legal action. 2. (ii) Farmer Leonard is also very concerned because he has discovered that Tony is applying for planning permission to allow him to extend the cottage substantially which Farmer Leonard fears will block light entering Farmer Leonard’s garden, workshop and bathroom. Farmer Leonard also fears the extension will ruin his lovely view over neighbouring fields and impair his mobile phone signal. 3. (iii) Farmer Leonard is also very angry as he has been storing some heavy pieces of farm equipment on a strip of land that lies just outside his farm’s boundary for as long as he can remember. No one had ever questioned this. However, last week Farmer Leonard received a letter from a person claiming to be the owner of this land threatening to take Farmer Leonard to court if he does not move the equipment within 30 days. Advise Farmer Leonard (all three parts of the question carry equal marks). (i) In this case, we are advising Farmer Leonard that Tony does in fact have an easement of right of way to access Farmer Leonard’s main driveway. In order for an easement to exist, first we must satisfy the elements laid down by Re Ellenborough Park: • There is a dominant and servient tenement • The dominant and servient tenement must not be owned and occupied by the same person • The right must benefit the dominant tenement • The right is capable of forming a subject matter of a grant There is a dominant (Farmer Leonard’s land) and servient tenement (Tony’s land). The dominant and servient tenement is not owned or occupied by the same person as it is owned and occupied by Farmer Leonard and Tony respectively. The alleged right does benefit the dominant tenement since it is not a personal right to Farmer Leonard himself, but would benefit the owner of the