* not completed

Which one of the following is NOT a requirement under Re Ellenborough Park (1956)?

There must be a dominant and servient tenement correct incorrect

The right must accommodate the servient tenement correct incorrect

There must be diversity of ownership and / or occupation of the dominant and servient tenements correct incorrect

The right must lie in grant correct incorrect

* not completed

Which one of the following statements is FALSE?

An easement cannot exist 'in gross' correct incorrect

A right that confers a mere personal benefit on the current owner of the dominant tenement cannot be an easement correct incorrect

A right that benefits a business is never capable of being an easement correct incorrect

There must be sufficient proximity between the dominant and servient tenements correct incorrect

* not completed

What is meant be the phrase 'the right must lie in grant'?

The right must have been granted by deed correct incorrect

The right must have been granted by the dominant tenement owner correct incorrect

The right must be capable of being granted by deed correct incorrect

The right must have been acquired in a specifically enforceable contract correct incorrect

* not completed

Which one of the following statements is FALSE?

A quasi easement is a right that has the potential to be an easement but fails to be one because the potential grantor lacks legal capacity. correct incorrect

A right to a scenic view is not capable of being an easement. correct incorrect

The can be no new negative easements created. correct incorrect

A right need not have already acquired judicial recognition as an easement to become one. correct incorrect

* not completed

Which one of the following statements is TRUE?

For a right to amount to exclusive possession of the servient tenement it must prevent the servient land owner from having any ability to use his land at all. correct incorrect

In the case of Hair v Gillman (2000) a right to park a car on a forecourt which could accommodate four cars was deemed to amount to exclusive possession. The right prevented the servient land owner from ever being able to use one of the parking spaces. correct incorrect

In the case of Batchelor v Marlow (2003) a right to park a car in a parking space between 8.30am and 6.00pm Monday – Friday was deemed not to amount to exclusive possession as the servient land owner could still use the parking space during evenings and at weekends. correct incorrect

The nature of the right in question and the extent to which the physical space of the servient land is being used when the right is exercised, are both key factors in determining the issue of exclusive possession. correct incorrect

* not completed

Which one of the following statements is FALSE?

Where a person claims to have impliedly reserved an easement for his own benefit, he will be successful only if he establishes acquisition either by necessity or common intention. correct incorrect

For an easement to be acquired by common intention the right in question must be essential for any use of the land to be enjoyed. correct incorrect

Acquisition by s62 LPA 1925 will only operate where there is a conveyance. correct incorrect

Acquisition by virtue of s62 LPA 1925 will not be possible where there is contrary intention. correct incorrect

* not completed

Which one of the following is NOT a requirement for the successful operation of acquisition by Wheeldon v Burrows (1879)?

The right must be in incessant use at the time of the transfer. correct incorrect

There must be common ownership / occupation of the potential dominant and servient lands prior to the transfer. correct incorrect

The right must be necessary for the reasonable enjoyment of the dominant land. correct incorrect

The right must be apparent. correct incorrect

* not completed

Which one of the following is NOT a requirement of establishing acquisition of an easement by prescription, whatever the specific mode?

The use must be as of right. correct incorrect

The use must have been exercised since time immemorial. correct incorrect

The use must be continuous. correct incorrect

The use must be by / on behalf of one fee simple owner against another fee simple owner. correct incorrect

* not completed

Which one of the following statements is TRUE?

To be a legal easement the right must have been granted by contract. correct incorrect

Only implied acquired easements require registration to make them legal. correct incorrect

To be a legal easement, the right must have been granted for a duration equivalent to a life estate. correct incorrect

An equitable easement may arise where there is a valid contract to grant an easement that is specifically enforceable. correct incorrect

* not completed

Which one of the following statements is TRUE?

An implied legal easement over registered land amounts to an overriding interest under Sch 3 para 1. correct incorrect

An equitable easement over registered land should be entered as a notice on the proprietorship register to be enforceable against a third party. correct incorrect

Legal easements over unregistered land are enforceable against the whole world. correct incorrect

Where an equitable easement over unregistered land has not been registered as a Class D(iii) land charge it will not bind a purchaser of any interest for value. correct incorrect