* not completed

. Which one of the following is not an example of an easement?

A right of way over a neighbour's land correct incorrect

A right to light correct incorrect

A right to park your car on another's land correct incorrect

The right of a postwoman to cross your land to deliver post correct incorrect

* not completed

. The court in Re Ellenborough Park (1956) laid down the essential characteristics of an easement. Which one of the following is not an essential characteristic?

There must be a dominant and a servient tenement correct incorrect

There must be separate ownership or occupation of the dominant and servient land correct incorrect

The right must 'accommodate' the servient tenement correct incorrect

The right must confer exclusive possession of the servient land correct incorrect

The right must be capable of forming the subject matter of a grant correct incorrect

* not completed

. An easement is a non-possessory right. Where a right amounts to possession of the servient land, no easement will be generated. This is called the 'ouster principle.' With this in mind, which one of the following statements is incorrect?

In Grigsby v Melville (1972), a right of storage in a cellar beneath the servient land was not capable of constituting an easement as it amounted essentially to exclusive possession of the servient land. correct incorrect

In Virdi v Chana (2008), a right to park a car in a single space was capable of constituting an easement notwithstanding that the servient owner could clearly not park in it while it was being used by the dominant landowner. correct incorrect

In Kettel v Bloomfold Ltd (2012), a right to parking did not deprive the servient owner of reasonable use of the land as that owner retained the right to use the space beneath the car parking space for pipelines and the airspace above. correct incorrect

The current 'test' for the 'ouster principle' is that laid down by Lord Scott in the House of Lords in Moncrief v Jamieson (2007). correct incorrect

The current 'test' for the 'ouster principle' is that laid down by Paul Baker QC in London & Blenheim (1994) and affirmed in Batchelor v Marlow (2003). correct incorrect

* not completed

. As concerns the 'the rule in Harris v Flower', which of the following statements is correct?

Where a dominant landowner enjoys a right of way over servient land and later acquires additional, adjacent land, the dominant landowner is irrespective of the circumstances not able to exercise the easement for the benefit of that additional land. correct incorrect

Where a dominant landowner enjoys a right of way over servient land and later acquires additional, adjacent land, the dominant landowner is not able to exercise the easement for the benefit of that additional land unless the use can be said to fall within the terms of the original grant. correct incorrect

Where a dominant landowner enjoys a right of way over servient land and later acquires additional, adjacent land, the dominant landowner is able to exercise the easement for the benefit of that additional land as it is assumed to fall within the terms of the original grant. correct incorrect

* not completed

. Which one of the following is not a valid method for creating easements?

Express grant/reservation of an easement in a deed correct incorrect

Implied creation of an easement by necessity correct incorrect

Implied creation of an easement by common intention correct incorrect

Implied creation of an easement under the rule in Wheeldon v Burrows (1879) correct incorrect

Implied creation of an easement under a constructive trust correct incorrect

* not completed

. Which one of the following statements best describes the judgment of the Court of Appeal in Wood v Waddington (2015)?

The court in Wood abolished the rule in Wheeldon v Burrows (1879). correct incorrect

The court in Wood constrained the operation of s. 62 of the LPA 1925. correct incorrect

The court in Wood confirmed that, under s. 62 of the LPA 1925, there is a requirement for prior diversity of occupation of the dominant and servient tenements. correct incorrect

The court in Wood held that, under s. 62 of the LPA 1925, there is no requirement for prior diversity of occupation of the dominant and servient tenements. correct incorrect

* not completed

. Easements can be granted but can also, in more limited circumstances, be reserved. Which one of the following statements is incorrect?

Easements can be reserved impliedly by necessity correct incorrect

Easements can be reserved impliedly by common intention correct incorrect

Easements can be reserved impliedly under the rule in Wheeldon v Burrows (1879) correct incorrect

* not completed

. Which one of the following is not a requirement for the implied creation of easements under the rule in Wheeldon v Burrows (1879)?

The transferor of land was using a quasi-easement for the benefit of the land at the time of the transfer correct incorrect

The quasi-easement was 'continuous and apparent' correct incorrect

The quasi-easement was exercised without interruption in the period prior to the transfer correct incorrect

The quasi-easement was reasonably necessary for the enjoyment of the land correct incorrect

* not completed

. Easements can be created by prescription either at common law, by lost modern grant, or under the Prescription Act 1832. Irrespective of the method of creation, a number of general requirements for prescription must be satisfied. Which of the following is not one of these requirements?

Exercise of the right must be by a freehold owner against another freehold owner correct incorrect

Exercise of the right must be 'as of right' correct incorrect

Exercise of the right must be with the consent of the servient landowner correct incorrect

Exercise of the right must be lawful correct incorrect

Exercise of the right must be continuous correct incorrect

Exercise of the right must be in the nature of an easement correct incorrect

* not completed

. As regards the effect of easements on third parties and successors of the servient tenement, which one of the following statements is incorrect?

Legal easements in unregistered land 'bind the whole world'. correct incorrect

Equitable easements in unregistered land which have been registered as Class D(iii) land charges will be binding against purchasers of a legal estate in the servient land for value. correct incorrect

Easements expressly granted in registered land constitute registrable dispositions and must be completed by registration to operate at law. correct incorrect

Easements impliedly created (whether by grant or reservation) may constitute overriding interests under Sch. 3, para 3 of the LRA 2002. correct incorrect

Chaudhary v Yavuz (2011) confirms that impliedly created easements can also amount to overriding interests under Sch. 3, para 2 of the LRA 2002. correct incorrect

Equitable easements in registered land must be protected by way of a notice if they are to bind successors of the servient land. correct incorrect