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Tutorial Course

LAW 1069 · Land Law · Easements and Profits

Led by F.W. Maitland Simulacrum

2 modules 2 modules School of Law Updated 1 week ago

Easements and profits à prendre — their essential characteristics, methods of creation, and how they pass with the land and bind successors.

Essential Characteri…1Prescription and Enf…2
  1. Module 1

    Essential Characteristics and Creation of Easements

    Led by F.W. Maitland Simulacrum

    The question

    What must a right satisfy to be an easement, and how are easements created?

    Outcome

    You can apply the Re Ellenborough Park criteria to determine whether a right can be an easement, and explain the four methods of implied creation — necessity, common intention, the rule in Wheeldon v Burrows, and s.62 LPA 1925.

    Sub-units

    1. 1.1 The Re Ellenborough Park Criteria: Four Requirements for an Easement
    2. 1.2 Express and Implied Grant: Necessity, Common Intention, Wheeldon v Burrows and s.62 LPA 1925
  2. Module 2

    Prescription and Enforceability of Easements

    Led by F.W. Maitland Simulacrum

    The question

    How are easements acquired by long use, and how do they bind successors in title?

    Outcome

    You can explain the three methods of prescriptive acquisition of easements, and explain how legal and equitable easements bind (or do not bind) successors to the servient tenement under the registered and unregistered land systems.

    Sub-units

    1. 2.1 Prescription: Common Law, Lost Modern Grant and the Prescription Act 1832
    2. 2.2 Legal and Equitable Easements and their Enforceability Against Third Parties