ABIBLO LAW - EASEMENT (13)
Easement of Necessity
Without the easement land would be incapable of use.
Implied easement mostly by a right of access.
Unable to exercised if the alternative route appear to be simply inconvenient as in Nickerson v Barraclough .Only granted if alternative access is totally unsuitable.
Are not applicable in cases, where the landowner enter the land in order to carry out repair. The Access to Neighbouring Land Act 1992 provide a right for a neighbour to seek a court oder to gain access to his neighbour's land in order to carry out essential repairs.
Must be applied through the court. Once granted capable of registration.
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The issues regarding the law of property.