Chapter 12 Scenario questions

. Majin is the owner of the piece of land called Purpleinch, and his neighbour, Alexis, owns another plot of land closer to the main road. As Majin's land does not come into contact with the main road, he has a right to travel over Alexis' land to get to the main road. What position will Majin and his piece of land occupy in regard the requirements of an easement set out in Regency Villas Title Ltd and Others v. Diamond Resorts (Europe) Ltd and Another [2018] UKSC 57? Select all that apply.

. Chaim, Majin's friend, owns a field 2 miles away from Purleinch. He is regularly at Majin's house, and drives to get there. However, Majin does not have a lot of carparking spaces available, and so Chain would like to know if he could acquire and easement of parking over Alexis' land in favour of his nearby field. Moreover, Majin would also like to know if it would be theoretically possible to acquire an easement in favour of Purpleinch to put up a large plaque identifying the location of Purpleinch. Do Majin and Chain's potential easement accommodate a dominant tenement?

. Enuma owns a 34th floor flat in Canary Wharf. She likes her view, and does not wish for it to change. She therefore wants to create an easement with her neighbours preventing any changes to the view. She also wishes to acquire an easement to make a lot of noise at 3am, as she is planning on turning her flat into a boutique nightclub. Do either of these potential easements have certainty of description?

. Catriona owns two plots of land far from the main road, and has a right of way over her neighbour's land to get to the first of the plots. The easement itself states that Catriona can use the right 'for all reasonable purposes connected with the occupation of the land'. The first plot (plot 1) is the larger of the plots and there is 4 storey house, but has little room for parking. Catriona therefore wishes to use the smaller plot (plot 2) as parking, and to get to this land she must go through a small slither of land on plot 1. Can Catriona use her right of way to get to plot 2 and park her car?

. Clementina has just bought a piece of land in the Northumbrian countryside. There is a well-worn path that runs over a neighbour's land and leads to the land from the nearest road, and this is how she visited the land when she was viewing it. There is a substantial river that flows through the land purchased, and it is easily navigable. Upon rechecking the conveyancing documents, Clementina has confirmed that there is no document granting a right of way over the path to the purchased plot of land, but that the previous owner had used it for the last 7 years. By what means could Clementina acquire an easement of right of way over the path?

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