Chapter 22 Self-test questions

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. According to Evershed MR, there are four characteristics which must be present in order for there to be an easement. Which of the following is not a required characteristic?

A dominant tenement and a servient tenement. correct incorrect

The easement must 'accommodate' the dominant tenement. correct incorrect

The dominant and servient owners must be different persons. correct incorrect

The easement excludes the servient owner from reasonable use of his or her land. correct incorrect

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. 'If […] the servient owner one day spies the (dominant) owner (of land A) driving along the way with his car packed full of hampers, then sees him picnicking on (non-dominant but common-owned) land B later that day, a _________ will have been committed.'

Your response

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. A right to land for recreational purposes only will not be an easement.

True correct incorrect

False correct incorrect

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. It is said that the right (of an easement) must be capable of being the subject matter of a grant and that this comprises four requirements:
1.the requirement for certainty in the scope of the grant
2.the requirement that the right places no positive burden on the servient owner
3.the limitations on new easements
4.the 'ouster' principle, which prohibits rights that amount to a claim to exclusive or joint ownership.
Which of the following are capable of being easements?
Please select all that apply.

The right to require a neighbour to maintain a stock-proof fence. correct incorrect

The right for children to play in a neighbour's farm and hay barns. correct incorrect

A right to weather protection. correct incorrect

The right to use a neighbour's outside lavatory. correct incorrect

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. Match the implied grant to its corresponding description.

Implied by necessity

Necessary for the reasonable enjoyment of the property granted Only implied where the land cannot otherwise be used at all Applies to appurtenant rights and permissions enjoyed at the time of the conveyance The easement is necessary for

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.

Implied by intention
the enjoyment of a right that is expressly granted

The easement is necessary for Necessary for the reasonable enjoyment of the property granted Only implied where the land cannot otherwise be used at all Applies to appurtenant rights and permissions enjoyed at the time of the conveyance

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.

Rule in Wheeldon v Burrows

Applies to appurtenant rights and permissions enjoyed at the time of the conveyance Only implied where the land cannot otherwise be used at all Necessary for the reasonable enjoyment of the property granted The easement is necessary for

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LPA 1925, s.62

The easement is necessary for Applies to appurtenant rights and permissions enjoyed at the time of the conveyance Necessary for the reasonable enjoyment of the property granted Only implied where the land cannot otherwise be used at all

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. Wheeldon v Burrows applies where a right is reasonably ___________for the enjoyment of the dominant land, and s 62 operates to pass all rights exercised at the time of conveyance. .

Your response

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. An illegal act or user can never support the presumption of an easement by prescription.

True correct incorrect

False correct incorrect

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. In which of the following scenarios will a grant be presumed?
Please select all that apply.

The use is tolerated by the servient owner. correct incorrect

The servient owner acquiesces to the use of the land. correct incorrect

The servient owner gives permission for the use of the land. correct incorrect

The servient owner has no knowledge of the use of the land. correct incorrect

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. An easement is _________ if the dominant owner acts, or fails to act, with an intention to relinquish the right.

Your response