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> Easements
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Quiz Easements
by
Diamondsareforever
Diamondsareforever
274 played -
10 yrs ago
A quiz about easements in land law
QUIZ
28 QUESTIONS
hard
1
What does s. 1 (2) (a) LPA 1925 say easements are?
Legal interest
Equitable interest
Express
Incorporeal hereditaments
Registerable
2
What does s. 27 LRA 2002 say express easements are?
Registerable
Rights of use
Incorporeal hereditaments
Equitable
Legal interests
3
What is a hereditament?
Can be inherited, passes down through generations
Can't pick up and walk away with it. Can't exclude neighbour from it. Concerned with use
Equitable easement
Conformity to the requirements of a fee simple
A registerable interest
4
What is incorporeal?
Can't pick up and walk away with it. Can't exclude neighbour from it. Concerned with use.
Can be inherited, passes down through generations
Equitable easements
Conformity to requirements of fee simple
A registerable interest
5
Which case gave rise to the four characteristics of an easement?
Miller
Re Ellenborough Park
Hill v Tupper
Moody v Steggles
Walsh v Lonsdale
6
What is a tenement?
Holding of land
Adjoining land
Easement
Personal nature
Plot of land
7
What was the problem in Miller?
The holding of the land
Landlord and tenant relationship
Which lot the easement was in
The easement was of a personal nature
The use of a public park
8
Which case relates to use of a business nature?
Hill v Tupper
Miller
Re Ellenborough Park
Moody v Steggles
Walsh v Lonsdale
9
What was the easement in Moody v Steggles?
Use of a park
Using a toilet
Hanging a pub sign
Having pleasure boats on the river
Right to light
10
What is seisin?
Ownership of two plots of land by the same person
An easement of a business nature
No accommodation is required
Easement benefiting the dominant tenement
Where you merge two easements together
11
What is a grant?
Disposition in land made by deed
Ownership of two plots of land by the same person
If two tenements come into the same ownership
Extinguishment of an easement
A deed
12
What was held in Aldreds Case?
That you must allow servient tenement free use of property
That the easement cannot be vague
That storage on another persons land can amount to an easement
That you can't exclude the servient tenement
That an easement should not interfere with use
13
What was the problem in Wright v Macadem?
The easement was vague
The easement extended over the property of another
That the dominant tenement was leaving equipment lying around
Seemed to exclude servient tenement from his property
There was no obstruction of the servient tenement
14
Which case held that there was too much of an obstruction of the servient tenement?
Copeland v Greenhalf
Aldreds Case
Wright v Macadam
Re Ellenborough Park
Moncrief v Jamieson
15
What are the two ancient rights?
Right to a view and right of storage
Right of way and right to light
Right of way and right of enjoyment
Right to park car and right of light
Right of drainage and right to water
16
In which case was the easement to park cars not granted?
Wright v Macadam
Moncrief v Jamieson
Phibbs v Pears
Lawrence
Batchelor
17
Which case held that negative easements are not allowed?
Moncrief v Jamieson
Phibbs v Pears
Batchelor
Lawrence
Liverpool CC v Irwin
18
Which case gave rise to the rule against expenditure?
Liverpool CC v Irwin
Lawrence
Nickerson
Wong
Cory
19
Which case provides an exception to the above rules?
Liverpool CC v Irwin
Batchelor
Nickerson
Wong
Cory
20
Which case relates to an implied grant?
Batchelor
Wong
Nickerson
Cory
Wheeldon v Burrows
21
Which cases relate to common intention?
Wong & Cory
Batchelor & Nickerson
Wheeldon v Burrows & Millman v Ellis
Wheeldon v Burrows & Batchelor
Nickerson & Wong
22
What does the rule in Wheeldon v Burrows relate to?
Quasi-easements
Car parking
Express grants
Implied grants
Common intention
23
What is reservation?
That an easement must be the subject matter of a deed
An express grant
Land owner will reserve right over piece of land he is selling
Land owner bestows easement on another party
Demarcation of an easement
24
What three things cannot be present for there to be prescription?
Force, secrecy & permission
Continuation, deed & easement
Easement, ownership & continuation
Acquiescence, force & secrecy
Permission, continuation & peacefullness
25
How long is prescription at common law?
18 years
20 years
11 years
89 years
32 years
26
How long is prescription under the Prescription Act 1832?
11 years
89 years
18 years
32 years
20 years
27
How long had the easement been abandoned for in Benn v Hardinge?
19 years
150 years
92 years
18 years
20 years
28
Which act has abolished lots of easements?
Town and Country Planning Act
Prescription Act
Land Registration Act
Law of Property Act
Law of Property (Miscellaneous Provisions) Act
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