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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
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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. o
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This note was uploaded on 09/27/2011 for the course FINANCE 1001 taught by Professor Profassorted during the Three '11 term at University of Adelaide.

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