Chapter 9 Self-test questions

Easements

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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?

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

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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.

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Match the implied grant to its corresponding description.

Implied by necessity

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

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Rule in Wheeldon v Burrows

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LPA 1925, s.62

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Wheeldon v Burrows applies where there is common ownership and __________ of the dominant and servient land, and s 62 operates where there is common ownership, but diversity of __________ unless the right is continuous and apparent.

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

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

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