e a right which prevents a landowner from using his or her land in a particular

E a right which prevents a landowner from using his

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I.e. a right which prevents a landowner from using his or her land in a particular way Easements are NOT Natural rights I.e. rights that are incidental to land ownership and automatically arise in the bundle of rights attaching to a freehold estate You don’t have to acquire them they just automatically attach Personal rights Rights enforceable in contract that don’t attach to the land E.g. license to enter land for a specific purpose Exclusive possession Thats a lease Examples of easements Rights of way: Drewell v Towler Right to place over neighbouring land clothes on lines: Drewell v Towler Right to use the bathroom: Miller v Emcer Products Limited Positive: i.e. allows you to do something Right to place electricity and telephone wires over neighbouring land A right of way over a neighbour’s land The right to discharge water onto neighbouring land from a drain The right to fix a signboard on a neighbour’s land Negative: i.e. restricts you from doing something Right to receive light for a certain window Right to receive air through a defined channel Right to receive a flow of water along the waterways i.e. the neighbouring owner cannot block the flow of water Duration of an easement May be created for the duration of a fee simple, for life, for a term of years, or for some lesser-specified period Contrasting easements Restrictive covenants Restrictive covenants are covenants, which restrict the use of land in a particular way for the benefit of neighbouring land They are not negative in nature They do not bind the covenantor to do anything positive, such as the expenditure of money In equity, they have been treated as quasi-easements They are equitable interests in land Profits e prendre Right to take something off another person’s land: Duke of Sutherland v Heathcote [1892] The produce may be minerals or crops or wild animals
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Licenses Revocable right that is enforceable under contract law to do an act on land, which would otherwise be unlawful A license might be a gratuitous, contractual or license coupled with a grant Except in relation to a license coupled with a grant, a license is personal to the licensee and is not an interest in the land Public rights over land Enjoyed by the public general and not specific individuals E.g. to use roads and public lanes, parks and beaches Natural rights Enjoyed at law by the owner of land, irrespective of any grant These rights include the right to support land, in its natural and unimproved state, and the rights in respect of water, which are enjoyed by the owner of land bounded by a river or stream The characteristics of an easement Re Ellenborough Park [1956]: 1. The requirement of a dominant and servient tenement 2. The requirement that the easement must accommodate the dominant tenement 3. The requirement that the
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