LAND LAW- EASEMENT (PROBLEM QUESTION AND
ANSWER) LATEST 2023 WITH ANSWERS
What's an easement? - ANSWER: Right to make a limited use of another persons
land for the benefit of land
What are the two tests to decide whether an easement exists? - ANSWER: Is the
right capable of being an easement?
Has the right been validly acquired as an easement?
What are the two tests for capacity? - ANSWER: The Re: Ellenborough Park Test
Is the right acceptable as an easement?
What happened in the Re: Ellenborough Park case? - ANSWER: The court had to
decide whether the houses surrounding a communal garden had an easement or a
licence
What are the 4 essential characteristics set out in Re: Ellenborough Park Test? -
ANSWER: Must be a dominant tenement and a servient tenement
The dominant and servient tenements must not be owned and occupied by the same
person
The right must accommodate the dominant tenement
The right must be capable of being granted by deed
What's a dominant tenement? - ANSWER: Piece of land that benefits from the
easement
What's a servient tenement? - ANSWER: Piece of land that has the burden of the
easement
What's an example of the dominant and servient tenements not being
owned/occupied by the same person - ANSWER: Jan owns freehold of both
tenements but Philip has a lease of one of them - Jan owns both but Philip occupies
one
What's does the rule - the right must accommodate the dominant tenement - mean?
- ANSWER: The right must benefit the dominant tenement
What are the rules of the right must accommodate the dominant tenement? -
ANSWER: Must be the land which benefits, not the individual,
The right must serve the normal use and enjoyment of the dominant tenement
What cases tell us what the rule is on if it's a business on the land which benefits? -
ANSWER: Hill v Tupper (1863),
Moody v Steggles (1879)
, What was decided in Hill v Tupper? - ANSWER: Hill only had a licence to put pleasure
boats on a cannel because the right to put the boats on the cannel benefitted his
business
What was decided in Moody v Steggles? - ANSWER: Owner of the pub did have an
easement to hang a sign board for his pub on the adjoining house as the use of a pub
is closely connected to the land
What was decided in Regency Villas Title v Diamond Resorts (2018) - ANSWER: Right
to use the leisure facilities is capable of being an easement as it was accepted that
physical exercise is regarded as essential or at least desirable in daily routines, the
rights enhanced the normal use and enjoyment of the villas so therefore benefits the
land
What's required for - the right must be capable of being granted by deed? -
ANSWER: Must be a capable grantor and grantee,
The right must be sufficiently definite
What's the case that supports - the right must be sufficiently definite? - ANSWER:
Aldred's case (1610)
What does Aldred's case tell us? - ANSWER: Right of view isn't definite and cannot
write and define in words,
Right of view cannot be capable of being granted by deed so isn't capable of being an
easement
What rights aren't acceptable as an easement? - ANSWER: Positive action,
Ouster principle
What does positive action mean? Case law? - ANSWER: A right requiring the servient
owner to take positive action (spend money) is not acceptable (Regis Property Co Ltd
v Redman 1956)
What was decided in Regis Property Co Ltd v Redman? - ANSWER: Can't be an
easement to supply hot water because the servient would have to heat up the water
What's a case that gives an exception to the positive action rule? - ANSWER: Crow v
Wood (1971)
What was decided in Crow v Woods? - ANSWER: Not an easement strictly as it
involves the servient spending money but it's been treated in practice by the courts
as being an easement
What's the ouster principle? - ANSWER: The right must not deprive the owner of the
servient tenement of the benefits of the ownership
ANSWER) LATEST 2023 WITH ANSWERS
What's an easement? - ANSWER: Right to make a limited use of another persons
land for the benefit of land
What are the two tests to decide whether an easement exists? - ANSWER: Is the
right capable of being an easement?
Has the right been validly acquired as an easement?
What are the two tests for capacity? - ANSWER: The Re: Ellenborough Park Test
Is the right acceptable as an easement?
What happened in the Re: Ellenborough Park case? - ANSWER: The court had to
decide whether the houses surrounding a communal garden had an easement or a
licence
What are the 4 essential characteristics set out in Re: Ellenborough Park Test? -
ANSWER: Must be a dominant tenement and a servient tenement
The dominant and servient tenements must not be owned and occupied by the same
person
The right must accommodate the dominant tenement
The right must be capable of being granted by deed
What's a dominant tenement? - ANSWER: Piece of land that benefits from the
easement
What's a servient tenement? - ANSWER: Piece of land that has the burden of the
easement
What's an example of the dominant and servient tenements not being
owned/occupied by the same person - ANSWER: Jan owns freehold of both
tenements but Philip has a lease of one of them - Jan owns both but Philip occupies
one
What's does the rule - the right must accommodate the dominant tenement - mean?
- ANSWER: The right must benefit the dominant tenement
What are the rules of the right must accommodate the dominant tenement? -
ANSWER: Must be the land which benefits, not the individual,
The right must serve the normal use and enjoyment of the dominant tenement
What cases tell us what the rule is on if it's a business on the land which benefits? -
ANSWER: Hill v Tupper (1863),
Moody v Steggles (1879)
, What was decided in Hill v Tupper? - ANSWER: Hill only had a licence to put pleasure
boats on a cannel because the right to put the boats on the cannel benefitted his
business
What was decided in Moody v Steggles? - ANSWER: Owner of the pub did have an
easement to hang a sign board for his pub on the adjoining house as the use of a pub
is closely connected to the land
What was decided in Regency Villas Title v Diamond Resorts (2018) - ANSWER: Right
to use the leisure facilities is capable of being an easement as it was accepted that
physical exercise is regarded as essential or at least desirable in daily routines, the
rights enhanced the normal use and enjoyment of the villas so therefore benefits the
land
What's required for - the right must be capable of being granted by deed? -
ANSWER: Must be a capable grantor and grantee,
The right must be sufficiently definite
What's the case that supports - the right must be sufficiently definite? - ANSWER:
Aldred's case (1610)
What does Aldred's case tell us? - ANSWER: Right of view isn't definite and cannot
write and define in words,
Right of view cannot be capable of being granted by deed so isn't capable of being an
easement
What rights aren't acceptable as an easement? - ANSWER: Positive action,
Ouster principle
What does positive action mean? Case law? - ANSWER: A right requiring the servient
owner to take positive action (spend money) is not acceptable (Regis Property Co Ltd
v Redman 1956)
What was decided in Regis Property Co Ltd v Redman? - ANSWER: Can't be an
easement to supply hot water because the servient would have to heat up the water
What's a case that gives an exception to the positive action rule? - ANSWER: Crow v
Wood (1971)
What was decided in Crow v Woods? - ANSWER: Not an easement strictly as it
involves the servient spending money but it's been treated in practice by the courts
as being an easement
What's the ouster principle? - ANSWER: The right must not deprive the owner of the
servient tenement of the benefits of the ownership
