{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

PROPERTY LAW – LECTURE 6

PROPERTY LAW – LECTURE 6 - PROPERTY LAW...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
PROPERTY LAW – LECTURE 6 EASEMENTS, PROFITS A PRENDRE, CO-OWNERSHIP Outline Easements: o Definition o Characteristics – Riley v Pentilla and Re Ellenborough Park o New or novel easements o Creation of easements o Interpretation of easements Profits a Prendre and Rentcharges Co-ownership o Joint tenancy o Tenancy in common o Creation of Joint Tenancy o Creation of Tenancy in Common o Rights and Duties of Concurrent Owners to Each Other o Severance of Joint Tenancy o Termination of Co-ownership 5 Property rights which do not include a right to possession Easements – A limited right to make use of a neighbour’s land, but no right to possession as such Profits a prendre – The right to take naturally occurring substances from another land, but no right to possession of that person’s land. Restrictive covenants – Rights to prevent a neighbour from using their own land in certain ways. Pastoral rights – Rights given under statute to use the land for agricultural purposes. Mineral rights – Rights to explore and to remove minerals from another person’s land. Easements
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Definition – A right to use a neighbour’s land without possessing it (Eg: a right of way – Where one person has a right of way over another person’s land, which enables a neighbour to pass over that person’s land at any time. Distinguish from a lease – A characteristic of a lease is that people have exclusive possession over land, but with an easement, rights of exclusive possession do not apply for easements. Distinguish from a licence – Licenses are gradually informal arrangements, but in contrast an easement requires a deed of grant to form an easement. A personal right to use land, from a lease and from a restrictive covenant. An easement requires and a dominant and servient tenant. Note: Concept of positive and negative easements o Positive easements: These gives landowner a right to do certain acts on his/her neighbour’s land (eg: Right of way). o Negative easement: A right which one landowner has which to fulfil requires a neighbouring landowner not to do something on their land (eg: Right to light – Where a neighbour has a right to light, this prevents other users from interfering with that light). It restricts one from acting in a certain way. Note Phipps v Pears [1965] QB o A house was built which was extremely close to the neighbour’s house. Pears demolished the adjoining house and the wall exposed certain elements which was a weather hazard. Phipps stated that Pears was subjected to a prescription, which is an easement over time that Pears was not to do anything on Phipps land that might increase the weather vulnerability of the house on Phipps’ land.
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern