Chapter 12 Multiple choice questions

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

There must be a dominant and servient tenement

The right must accommodate the servient tenement

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

The right must lie in grant

. Which one of the following statements is FALSE?

An easement cannot exist 'in gross'

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

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

There must be sufficient proximity between the dominant and servient tenements

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

The right must have been granted by deed

The right must have been granted by the dominant tenement owner

The right must be capable of being granted by deed

The right must have been acquired in a specifically enforceable contract

. 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.

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

The can be no new negative easements created.

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

. 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.

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.

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.

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.

. 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.

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.

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

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

. 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.

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

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

The right must be apparent.

. 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.

The use must have been exercised since time immemorial.

The use must be continuous.

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

. Which one of the following statements is TRUE?

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

Only implied acquired easements require registration to make them legal.

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

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

. 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.

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

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

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.

. Gloria was the registered proprietor of an estate which comprised of Rose cottage, situated next to the road, and a house set well back from the main road. There was a small pathway from the cottage (at the front of the land) to a gate at the back of the land. This pathway, which crossed over a garden at the centre of the land had always provided a short-cut for the cottage to get to the village centre.
In 2016 Gloria leased the house and garden to Komilla whilst retaining Rose Cottage and the rest of the estate. Gloria continued to use the pathway to the village. Komilla has now purchased the house and garden from Gloria and is asking her to stop using the pathway. Advise Gloria.

Gloria must stop using the pathway unless she has retained the right as an express easement.

Gloria has the right to use the path as an implied easement under s62 Law of Property Act 1925 has arisen.

Gloria has the right to use the path as an implied easement under Wheeldon v Burrows has arisen.

Gloria has an easement by prescription.

Chapter 12 Multiple choice questions

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