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Chapter 9 Multiple Choice questions
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Chapter 9 Multiple Choice questions
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*
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
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