Land Law - Easements Exam Questions (27 Terms) With Verified Definitions Updated 2024

How can implied easements be binding on third parties? {Ans: All implied easements may be binding as an overriding interest under sch.3 para 3. of the LRA 2002}Explain the 2nd characteristic of Re Ellenborough Park (give cases) {Ans: 2) The easement must 'accommodate the dominant tenement' - That is, it must benefit the land and not the owner. --> Hill v. Tupper (1863) - Benefited the owner, not the land. --> Moody v. Steggles (1879) - Benefited the land. -Also the dominant tenement and servient tenement must be sufficiently close in proximity in order for the dominant tenement to be benefited. --> Bailey v. Stephens (1862) - Kent & London was too far to be benefited. - However, according to Scott L, the benefit may be personal, if it enhances the value of the land as seen in: --> Regency Villas v. Diamond Resorts (2015) -}Through what statute can an implied easement be created? (explain the statute) {Ans: Under s.62 of the LPA 1925; s.62: Unless there are words that state the contrary, every conveyance of land passes all privileges, rights, easements and advantages. Before, s.62 used to work only where there was a second conveyance of