Chapter 11 Self-test questions

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. What is an easement? Select one of the following.

A right of one landowner to enjoy limited use of another's neighbouring land. correct incorrect

A right to remove something from another's land. correct incorrect

A bare permission to be on another's land. correct incorrect

Temporary ownership with exclusive possession. correct incorrect

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. Which one of the following best describes the development of easements in England?

Easements are a relatively modern device which have only developed since World War Two. correct incorrect

Easements are unrecognizable today from their ancient form. correct incorrect

Easements are ancient but recognizable in their current form only in the last 100 years. correct incorrect

Easements were introduced as proprietary rights under the LRA 2002. correct incorrect

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. Which one of the following is not a commonly encountered example of a modern easement?

A right of way. correct incorrect

A right to light. correct incorrect

A right to remove timber. correct incorrect

A right to water. correct incorrect

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. What percentage of registered freehold titles today are estimated to be subject to at least one easement? Select one of the following.

35% correct incorrect

65% correct incorrect

75% correct incorrect

100% correct incorrect

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. Which one of the following is not a point of distinction between an easement and a lease?

A lease is a possessory right. correct incorrect

A lease is akin to temporary ownership of another's land. correct incorrect

A lease must be of certain duration. correct incorrect

A lease is a proprietary interest in land. correct incorrect

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. Which one of the following statements is correct?

The law of easements favours the benefiting or dominant land and rightly so. correct incorrect

The law of easements favours the burdened land and rightly so. correct incorrect

The law of easements strikes a balance between benefiting and burdened land. correct incorrect

The law of easements is narrowly drawn to avoid conflicts between benefiting and burdened. correct incorrect

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. In which one of the following cases were the essential characteristics of an easements clarified?

Hawkins v Rutter (1892) correct incorrect

Re Ellenborough Park (1956) correct incorrect

Alfred F. Beckett Ltd v Lyons (1967) correct incorrect

London & Blenheim Estates Ltd v Ladbroke Retail Parks Ltd (1994) correct incorrect

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. What is the significance of the recent case of Regency Villas (2018)? Select one of the following.

The Supreme Court expressly reframed the essential characteristics laid down in Re Ellenborough Park. correct incorrect

The Supreme Court held that rights of recreation and sport cannot exist as easements. correct incorrect

The Supreme Court upheld the long-standing recognition of recreational easements in England. correct incorrect

The Supreme Court recognized recreational rights as amounting to effective easements for the first time in England correct incorrect

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. Who delivered a dissenting judgment in Regency Villas? Select one of the following.

Lord Briggs correct incorrect

Lady Hale correct incorrect

Lord Kerr correct incorrect

Lord Carnwath correct incorrect

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. The requirement that a purported easement must be 'capable of forming the subject-matter of a grant' comprises a number of aspects. Which one of the following is not a key element of this Re Ellenborough Park requirement?

There must be a capable grantor. correct incorrect

There must be a capable grantee. correct incorrect

The right must not generally impose a positive burden on the servient owner. correct incorrect

There must be a geographical nexus between the dominant and servient land. correct incorrect

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. In what circumstances will a tenancy at will arise? Select one of the following.

Easements can be expressly and impliedly granted or reserved. correct incorrect

Easements can be expressly or impliedly granted but only expressly reserved. correct incorrect

Easements can be expressly or impliedly reserved but only expressly granted. correct incorrect

Easements can be impliedly reserved or granted. correct incorrect

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. An express grant of an easement must be made by deed but under which provision? Select one of the following.

Section 1 of the LPA 1925 correct incorrect

Section 1 of the MP(LP)A 1989 correct incorrect

Section 52 of the LPA 1925 correct incorrect

Section 27 of the LRA 2002 correct incorrect

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. As to express reservation of easements, which one of the following statements is incorrect?

Express reservation must be contained within a deed. correct incorrect

A special form of words is required which provides that an easement is being 'reserved'. correct incorrect

Express reservation involves the use of express and appropriate words. correct incorrect

An express reservation usually forms part of a conveyance or transfer of land. correct incorrect

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. Which one of the following is not a method by which an easement can be implied?

By necessity. correct incorrect

By common intention. correct incorrect

By operation of s. 63 of the LPA 1925. correct incorrect

Under the rule in Wheeldon v Burrows. correct incorrect

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. In which one of the following cases did the court lay down the 'test' for implied easements by common intention?

Re Ellenborough Park (1956) correct incorrect

Manjang v Drammeh (1991) correct incorrect

Stafford v Lee (1993) correct incorrect

Regency Villas (2018) correct incorrect

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. When will an easement be legal? Which one of the following is not a situation in which a legal easement can arise?

If the easement is carved out of a large estate which it itself legal. correct incorrect

If the easement is granted for a period equivalent to a fee simple absolute in possession or a term of years absolute. correct incorrect

In registered land, if the easement is completed by registration. correct incorrect

If there is a written contract for an easement. correct incorrect

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. An equitable easement may arise where there is a valid contract for the grant of an easement but which statutory provision lays down the requirements for a valid contract in these circumstances? Select one of the following.

Section 1 of the LP(MP)A 1989 correct incorrect

Section 2 of the LP(MP)A 1989 correct incorrect

Section 3 of the LP(MP)A 1989 correct incorrect

Section 4 of the LP(MP)A 1989 correct incorrect

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. If Carol, a successor of the dominant land, wishes to enforce an easement against Darren, a successor of the servient land, what must be shown? Select one of the following.

That the benefit of the easement has passed to Carol. correct incorrect

That the burden of the easement has passed to Darren. correct incorrect

That the benefit has passed to Carol and the burden passed to Darren. correct incorrect

That neither the benefit nor the burden have passed. correct incorrect

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. How do you protect the priority of an expressly granted legal easement in registered land? Select one of the following.

The express grant of an easement is a registrable disposition under s. 27 LRA 2002 and therefore must be completed by registration. If this is done, the priority of the easements is guaranteed against pre-existing, non-protected interests. correct incorrect

By the doctrine of estoppel. correct incorrect

By entry of a land charge. correct incorrect

A legal easement cannot be protected. correct incorrect

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. How are impliedly created easements protected under the LRA 2002? Select one of the following.

They may be protected as overriding interests under Sch. 3, para. 1. correct incorrect

They may be protected as overriding interests under Sch. 3, para. 2. correct incorrect

They may be protected as overriding interests under Sch. 3, para. 3. correct incorrect

They may be protected as overriding interests under Sch. 3, para. 4. correct incorrect

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. Which one of the following is not a means by which an easement is terminated?

Unification of tenements. correct incorrect

Release of abandonment. correct incorrect

Intensification in user. correct incorrect

Obsolescence. correct incorrect

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. Which one of the following statements as to the termination of an easements is correct?

There is no express statutory machinery by which an interested party can apply to court for the termination of an easement. correct incorrect

The parties to an easement can apply to court for termination of an easement under the LRA 2002. correct incorrect

The parties to an easement can apply to court for termination of an easement under TOLATA 1996. correct incorrect

There is a new mechanism for termination of easements introduced under the Homes (Fitness for Human Habitation) Act 2018. correct incorrect

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. To what extent can an easement be terminated through operation of the doctrine of proprietary estoppel? Select one of the following.

An easement cannot be terminated through the doctrine of estoppel. correct incorrect

Any easement can always be terminated through the doctrine of estoppel (incorrect). We cannot be this affirmative. correct incorrect

It seems very unlikely that an argument based on estoppel could succeed. correct incorrect

It seems possible that defensive estoppel arguments (estoppel as a shield) can be a means by which easements are terminated. correct incorrect

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. Which one of the following statements is correct?

An easement may be brought to an end where the user of the dominant land has become unreasonable. correct incorrect

An easement may be brought to an end where the user of the dominant land has intensified. correct incorrect

An easement may be brought to an end where the user of the dominant land has become unconscionable. correct incorrect

An easement may be brought to an end where the user of the dominant land has become 'excessive'. correct incorrect

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. Which of the following is regarded as the leading case laying down the 'test' for excessive user?

British Railways Board v Glass (1965) correct incorrect

Jelbert v Davies (1968) correct incorrect

McAdams Homes ltd v Robinson (2005) correct incorrect

Stanning v Baldwin (2019) correct incorrect

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. What is the name given to a right of one landowner to enter another's land and appropriate some part of the natural product of that land? Select one of the following.

An easement correct incorrect

A lease correct incorrect

A licence correct incorrect

A profit correct incorrect

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. Which one of the following is not a scenario in which a profit might arise?

A right of one landowner to possess the land of another. correct incorrect

A right to fish on another's land. correct incorrect

A right to enter another's land to shoot game. correct incorrect

A right to enter another's land to graze cattle. correct incorrect

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. Which of the following statements is correct?

The grantee of a profit (i.e. the person granted a profit) automatically enjoys a licence permitting lawful access to the servient land. correct incorrect

The grantee of a profit does not enjoy a licence permitting lawful access to the servient land. correct incorrect

The grantee of a profit must separately agree and contract for a licence permitting lawful access to the servient land. correct incorrect

The grantee of a profit has no need of any licence. correct incorrect

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. Which one of the following is not a valid method for the creation of a profit?

Express grant or reservation. correct incorrect

Implied creation under s. 62 of the LPA 1925. correct incorrect

By prescription through long user. correct incorrect

Under the rule in Wheeldon v Burrows. correct incorrect

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. Which one of the following is not a valid method for terminating a profit?

Express release. correct incorrect

Implied release. correct incorrect

Under a statutory scheme for termination. correct incorrect

Obsolescence. correct incorrect

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. As to reform of the law of easements and profits, which one of the following statements best reflects the current position?

There has been no meaningful work into reform of the law. correct incorrect

There has been no meaningful work into reform of the law in the last 20 years. correct incorrect

The latest and most meaningful proposals were published in 2011. correct incorrect

The latest and most meaningful proposals were published in 2007. correct incorrect

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. Broadly speaking, how have the Law Commission's 2011 proposals for reform of the law of easements and profits been received? Select one of the following.

The proposals were regarded as radical and unlikely to be implemented. correct incorrect

The proposals were regarded as a rationalization and clarification of the law and therefore welcomed. correct incorrect

The proposals were regarded as not radical enough and therefore unsupported. correct incorrect

The proposals largely went unnoticed as other more prominent projects took the limelight. correct incorrect

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. What was the Law Commission's recommendation in its 2011 report Making Land Law Work: Easements, Covenants and Profits as Regards s. 62 of the LPA 1925? Select one of the following.

The Commission approved of the current interpretation and operation of s. 62 which permits the implication of easements. correct incorrect

The Commission disapproved of the current approach to s. 62 which permits implication of easements but stopped short of recommending reform. correct incorrect

The Commission disapproved of the current approach to s. 62 and recommended that the provision should no longer operate to transform licences into easements. correct incorrect

The Commission approved of s. 62 and recommended that its ability to transform licences into easements should be expanded to apply in more commonly encountered scenarios. correct incorrect

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. Which one of the following statements as to the Commission's latest thinking on the 'ouster principle' is correct?

That the 'ouster principle' should remain in place but its operation clarified by case law. correct incorrect

That the 'ouster principle' should be statutorily abolished. correct incorrect

That the 'ouster principle' should be left to the courts to delimit. correct incorrect

That the 'ouster principle' serves a vital function and should be allowed to develop incrementally. correct incorrect

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. What was the Law Commission's recommendation in its 2011 report Making Land Law Work: Easements, Covenants and Profits as Regards the Law of Prescription? Select one of the following.

The Commission recommended that there be no change to the current law on prescription. correct incorrect

The Commission recommended that all current methods of prescription be codified in statute. correct incorrect

The Commission recommended that a single, statutory mode of prescription be introduced to replace all current methods of prescription. correct incorrect

The Commission recommended that all forms of prescription should be outlawed. correct incorrect