ABIBLO LAW - EASEMENT( 3)
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.
ABIBLO LAW - EASEMENT (2)
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.
ABIBLO LAW - EASEMENT (1)
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.
The issues regarding the law of property.