LAND LAW Essay Example | Topics and Well Written Essays - 1000 words

kill LAW - Essay ExampleIn consider of establishment of an succour there has been a criteria that has been laid down in Re Ellenborough Park1 which atomic number 18 generally referred to. The first criterion is that there must be a dominant and servient tenement and therefore the easement kittynot exist in gross. (Hawkins v. Rutler)2. Clearly in respect of the facts at hand there was a land that is number 3 which was the dominant tenement and a servient tenement that is number 1. The second criterion is that the dominant and servient tenement must be own or occupied by different persons (Roe v. Siddons)3. In respect of the facts at hand even if the land was owned by the same person according to W proficient v. Macadam4 the occupation by different persons would allow an easement to be created. Thirdly the fact the easement must benefit the dominant tenement and this is dependent upon the proximity of the servient tenement it should not be purely personal advantage (Hill v Tupper ) and the right must not that be of a recreational user. In respect of the fact at hand clearly there can be seen the fact that the benefit is of the dominant tenement. ... the facts at hand, the second that there must be a grantee which is evident because the tenants were granted the rights thirdly the subject matter of grant is sufficiently certain, which is clear teeming in respect of the facts that is the right to cross and finally the right must be capable of being called an easement that is it is covered under the rights which have been recognized to be easements, which has been done in respect of the right to cross. The final factor that has not been expressly listed down in the case was that of public policy which is considered when find whether an easement is existent or not. The next aspect that is considered is that easement can be existent either legally or under equity as laid down under section 1 of the Law of Property Act (LPA) 1925. As far as legal easements ato mic number 18 considered there are a number of formalities that need to be fulfilled. The first requirement is that for a legal easement there must either be a fee simple absolute in self-denial or as an adjunct to a term of years (section 1 LPA 1925). Secondly easements can exclusively be legal if created by way of statute, by prescription, by deed or registered disposition. All new(prenominal) easement are equitable in nature. As far as easements by statute are concerned they are created by the Acts of Parliament, which is clearly not the case in respect of the facts at hand. As far easement by prescription is concerned it is by way of long use and is by way of common law prescription, lost modern grant and/or Prescription Act 1832. In respect of easement by prescription it can be in fee simple only. and so clearly this would not be applicable to the case at hand As far as deed or registered disposition is concerned this is done by way of a formal history which has clearly no t been