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Easements Notes

This is a sample of our (approximately) 5 page long Easements notes, which we sell as part of the Irish Land Law Notes collection, a 2.2 package written at Trinity College Dublin in 2008 that contains (approximately) 51 pages of notes across 12 different documents.

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Easements Revision

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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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