ABIBLO LAW - EASEMENT(10)
The grant of easement
An express grant of easement originated based on the use of words expressly stated the purpose which is integrated into the formal transfer of rights.
In the case where the grant is incorporated into deed, the grant will take effects into law. This will form as part of the deed of transfer or lease.
The easement may arise due to estoppel. In the case as in Crabb v Arul District Council , the grantee relied on a promised of rights / easement and acted to his detriment. This right will be implied into deed and take the effect at law.
The easement may be expressly granted via statute. This include the grant that is made in favour of the privatised utilities such as the power to lay sewer or supply of water and gas.
Easement is an interest in the land.
It will only take effect legally if the easement compiled with the requirement under s52 Law Property Act 1925 where a deed is required. A written document may not account for deed. In this case, easement may arise as equitable easement or just a mere licence.
Equitable easement required to be registered for it to be able to bind the third party purchaser.
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