easements notes

LAWS1082 - Property and Equity 2

Property Law-easements notes


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- Though they confer limited rights they are property interests as they bear the characteristic of a right of enjoyment that is enforceable in the absence of contractual privity. Easements are a class of interests known as `incorporeal hereditaments'(see figure). Easements have two features: - Classified as incorporeal because they were regarded as conferring rights over the land, rather than rights to the physical land itself; and - Heritable as they were forms of real property. Most common form of easement is the right of way. Easements can be created by: - Express grant/reservation - An approved plan of subdivision under s88B CA - An implied grant/reservation - Acquisition by long user or prescription - Grant by Supreme Court under s88K CA Figure 1: Categories of property 2 SUBSTANTIVE REQUIREMENTS Be able to defin...


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