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Easements Notes

Irish BCL Notes > Irish Land Law Notes

This is an extract of our Easements document, which we sell as part of our Irish Land Law Notes collection written by the top tier of Trinity College Dublin students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Irish Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Easements Easements must satisfy four tests





There must a dominant (see Whipp v Mackey) and servient tenement

* The land over which an easement is exercisable is known as the servient tenement.

* The land which is benefited by the right and to which it is annexed is the dominant tenement.

* The identity of the dominant tenement must be known at the time when the easement is created

* London & Blenheim Estates v Ladbroke Retail Park (CA)

* The owner of land conveyed part of it to the plaintiff through a conveyance which also purported to grant easements over the part which was retained for the benefit of such other land as might be subsequently acquired by the plaintiff and nominated by it in a notice to the owner of the retained portion.

* This was not an interest capable of binding land. The easement must accommodate the dominant tenement

* Hill v Tupper

* A lessee of land adjoining a canal was given the sole and exclusive right to hire out pleasure boats on the canal.

* When the defendant began to put pleasure boats on the canal as well the plaintiff sued him for trespass.

* It was held that the right in this case was not an easement as it benefitted the plaintiff and not his land.

* Moody v Steggles

* The right to put a sign on an adjoining premises could exist as an easement accommodating a public house. The dominant and servient tenements must not be both owned and occupied by the same person

* A person cannot have an easement over his own land because anything he does on that land is done in his capacity as owner and not as the holder of a lesser right (Sovmots Investments v Secretary of State for the Environment - HoL) The right must be capable of forming the subjectmatter of a grant

* A right cannot be granted as an easement uness it is defined with a degree of precision

* Regis Property Co v Redman Supply of hot water to a tenant was a service and not an easement

* Crow v Wood - fencing to stop cattle straying is an easement

* Newman v Jones - right to park anywhere in a given area is an easement

* Bland v Mosely - Right to a view not an easement

* Cochrane v Verner - A hedge which sheltered cattle from weather was not an easement. Rights Distinct from Easement


Natural Rights at common law

* Backhouse v Bonomi

* The right of a person to the support of the land immediately around his house is not an easement but is the ordinary right of enjoyment of property.

* Dalton v Angus

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