Easements Land Law Essay - Custom University Papers.
If the storing in the horse box is the easement in question then it can possibily be a right over the land. Take a look at Wright v McAdam (CA recognised the right to store coal in a shed on the landlord's land as an easement) and Grigsby v Melville (easement of storage in the cellar of a house on the adjoining land).
Section 62 of the Law of Property Act 1925 46 Easements of necessity 49 Easements of intended use 51 Non-derogation from grant 53 The case for reform 54 Registration requirements 54 Objectives of reform 55 Section 62 of the Law of Property Act 1925 56 Non-derogation from grant 56.
Termination of Easements: Unity of ownership and Merger Occurs when same person acquires ownership of both easement and servient estate. Easement is not automatically revived Holder must acquire interest equal to or greater than easement duration Termination of Easements: Abandonment A.
This type of easement is sometimes referred to as a positive easement. More rarely, an easement will limit what the owner of the servient tenement may do on the land. For example, the owner might not be allowed to construct buildings that would interfere with someone's right to light. This type of right is sometimes called a negative easement.
An easement cannot be created as a result of an illegal act. Thus the driving of motor vehicles across common land does not create a private right of way. An easement is very difficult to extinguish and should be thought of as existing forever. The land of the servient tenement is burdened with the easement.
Express Easements. An express easement is expressed to be so by deed (Section 1(2) Law of Property Act 1925) and in the case of registered land is referred to in the A Section of the Title Register for the dominant tenement and in the C Section of the Title Register for the servient tenement.
Easements by prescription are implied easements and do not require rigorous proof in law like the other types of easements. All a holder of an easement by prescription is required to prove is that he has occupied the piece of land continuously for a period prescribed by law.