Chapter 12 Self-test questions

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. Match the correct definition with the word or phrase.

Land which has the benefit of an easement

In gross Servient tenement Profit à prendre Dominant tenement

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Land which bears the burden of an easement

Profit à prendre Servient tenement Dominant tenement In gross

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Right to take part of the soil or natural produce of land

Dominant tenement Profit à prendre In gross Servient tenement

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[Right] not attached to land

Dominant tenement Servient tenement In gross Profit à prendre

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. Which factors are relevant in establishing whether an easement accommodates the dominant tenement? Please select all that apply.

The two tenements must be sufficiently close to each other. correct incorrect

The two tenements must be adjacent (next door) to each other. correct incorrect

The easement may not benefit a business interest carried out on the land. correct incorrect

The easement must not be merely personal to the dominant owner. correct incorrect

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. A tenant may not have an easement over his landlord's property. True or false?

True correct incorrect

False correct incorrect

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. Which of the following are aspects of the rule that an easement must be capable of forming the subject matter of a grant? Please select all that apply.

There must be a capable grantor and capable grantee. correct incorrect

There must be certainty of description. correct incorrect

The right must be the sort of right normally recognized as an easement. correct incorrect

The right must be one of a defined list of easements. correct incorrect

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. Which of these statements best represents the law on the recognition of new easements?

The courts will recognise new positive easements that are analogous to existing easements, but will not recognise new negative easements. correct incorrect

The courts will recognise new easements, both positive and negative. correct incorrect

The courts will recognise new negative easements that are analogous to existing easements, but will not recognise new positive easements. correct incorrect

The courts will not recognise any new easements. correct incorrect

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. Which of the following are likely to be valid easements? Please select all that apply.

A right to park a car in a single garage. correct incorrect

A right to park a car on a large piece of open ground. correct incorrect

A right to store wood in a large shed. correct incorrect

A right to the exclusive use of a shed to store wood. correct incorrect

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. Which of the following statements about easements of way is correct? Please select all that apply.

An easement of way can be used to get to any land owned by the dominant owner. correct incorrect

An easement of way may be general or limited. correct incorrect

Only reasonable increases in the use of an express right of way are permitted. correct incorrect

If a right of way arises by prescription, its use is limited by the use during the prescription period. correct incorrect

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. Which of the following are valid methods of implied grant of an easement? Please select all that apply.

Common intention correct incorrect

necessity correct incorrect

LPA 1925 s.62 correct incorrect

Wheeldon v Burrows correct incorrect

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. Which of the following are valid methods of implied reservation of an easement? Please select all that apply

Common intention correct incorrect

necessity correct incorrect

LPA 1925 s.62 correct incorrect

Wheeldon v Burrows correct incorrect

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. Which of the following have to be shown to prove an easement by prescription? Please select all that apply.

Continuous user in fee simple by the dominant owner correct incorrect

Use of the easement nec vi, nec clam, nec precario correct incorrect

Acquiescence of the servient owner correct incorrect

Use by permission of the servient owner correct incorrect

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. An easement gained by prescription may be legal or equitable.

True correct incorrect

False correct incorrect

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. Jake is the registered freehold proprietor of a modern terraced house. He drove over an alleyway owned by Matt to park his car in his garage for 25 years. However, last year he broke his leg and was unable to drive for over a year. Matt has now told Jake that he has no right to use the alleyway. Can Jake claim an easement of way by prescription?

Yes, using the doctrine of lost modern grant. correct incorrect

Yes, under common law prescription. correct incorrect

Yes, under Prescription Act 1832. correct incorrect

No, because he stopped using the right of way over a year ago. correct incorrect

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. Match the correct type of easement to the registration requirements for registered land.

An expressly created legal easement

Registrable by notice Overriding interest Overriding interest Registrable disposition

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Implied legal easement

Registrable by notice Overriding interest Overriding interest Registrable disposition

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Implied equitable easement

Registrable disposition Overriding interest Registrable by notice Overriding interest

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Easement by prescription

Registrable by notice Registrable disposition Overriding interest Overriding interest

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. Which of the following are methods of extinguishing easements? Please select all that apply.

Unity of seisin correct incorrect

Express release correct incorrect

Abandonment correct incorrect

Extinguishment by reason of impossibility of use correct incorrect

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. An easement may be created under Access to Neighbouring Land Act 1982.

True correct incorrect

False correct incorrect