Equitable easement
Usually resulted from failure of legal easement to fulfill the necessary formalities. s2 (1) Law Property ( Miscellaneous Provision) Act 1989 must be conform for equitable easement. The easement will take effect in equity only. Equitable easement need to be registered to take effect in law.
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How easement is granted ?
Express grant - in the form of statute or conveyance Implied grant - in the form of necessity, common intention, s62 Law Property Act 1925 and Wheeldon v Burrows ( quasi - easement) . Prescription - in the form of common law,lost modern grant and Prescription Act 1832. Easements
Characteristics of easment are based on the case of Re Ellenborough Park which include: -there must be dominant and servient tenement. -the easement must accommodate the dominant tenement, -the dominant and servient tenetment should be owned by different persons. -the easement must be capable of forming subject matter of the grant. |
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