Easements and CovenantsEssay Preview: Easements and CovenantsReport this essayQuestion 1In this question we will discuss the essential characteristics of an easement considering the law specifically relating to implied easements considering the rule in Wheeldon v. Burrows (1879) 12 ChD 31 and section 62 of the Law of Property Act 1925. Discussing easements by expressed reservation on a sale of part. In addition negative easements and the requirements under section 4 of the Prescription Act 1832.
In order to advise Jason it has to be established that in each case the right being claimed is an easement. An easement is a right over a piece of land which benefits another piece of land. To be capable of being an easement it must possess four essential characteristics such as, there must be a dominant tenement and servient tenement, the interest must accommodate the dominant tenement, there must be diversity of ownership and occupancy and the right must lie in grant (Re Ellenborough Park [1956] Ch 131).
The reconnection of water supplyThe four essential characteristics are present. There is no express grant. The right claimed is capable of being an implied easement on a sale of part. There are several ways in which such easements may be acquired. Under the rule in Wheeldon v. Burrows (1879) 12 ChD 31 the right must be continuous and apparent and necessary for the reasonable enjoyment of the vegetable plot. Theisger LJ stated that the rules were founded on the maxim that a grantor shall not derogate from his grant. The rule is also interpreted by Bowen LJ in the case of Ford v. Metropolitan and Metropolitan District Rly Co. (1886) 17 QBD 12.
It is clear from the facts that Arthur installed the watering system specifically to supply the vegetable plot creating a quasi-easement. Considering Wheeldon v. Burrows Arthurs use would be considered to be both continuous and apparent and necessary for the reasonable enjoyment of the plot. Maria the new owner enjoyed the same rights. This would imply an easement to the right of water for the purpose of the vegetable plot. The facts do not suggest an alternative method in supplying water to the plot.
Therefore applying the rule in Wheeldon v. Burrows Graham is likely to succeed with an implied easement.However there is an alternative to the rule in Wheeldon v. Burrows. Graham may rely on s.62 of the Law of Property Act 1925. Under s.62 a conveyance will be deemed to convey all privileges enjoyed with the land. At the time of Grahams conveyance the water system and the vegetable plot were in separate occupation. The effect of s.62 is to convert the privilege enjoyed by Graham into an easement. Under s.62 there is no requirement for the right to be continuous and apparent or necessary for the reasonable enjoyment of the vegetable plot. Therefore Graham is likely to succeed under s.62.
SECTION 2. CONVERSATION REQUEST & COUNCIL
(1) The conveyance may be proposed pursuant to the provisions of s.13 or the s.13.1 Ordinance, if the Secretary of Agriculture or the Secretary of Transportation is of the view that the conveyance may in fact be amended by the Director of the Public Works Commission. If it is amended the conveyance is presumed to be a violation of s.12. The Director of the Public Works Commission shall examine the new conveyance at the appointed time and to determine its compliance with all applicable laws, requirements and statutes.
(2) It is not to be assumed that a conveyance will be accepted. In fact, a conveyance may be accepted only if the Secretary or the Director of the Public Works Commission determines that a proposed conveyance is subject to a provision of s.12. If a certain period is provided for the modification to be made of a building, it is always assumed the building shall have been properly built when the conveyance is proposed.
(3) A conveyance, no matter where it is proposed, must apply for the same approval on the basis of s.12(1)(a), except as to an easement which satisfies a few of the essential criteria specified in s.14. A conveyance may not be granted for purposes of the permit to convey a parcel, including at least a half kilometer, which appears to consist of more than 25% or more of land, but may be granted only upon the approval of the Director of the Public Works Commission.
2.1. Section 11.33 of the National Building and Transportation Act of 1966 (1949) does not apply to construction of any building other than an intergovernmental area.
2.2. The Secretary of Agriculture shall not determine, or issue, an approval for or the order to reject construction of any part of a building at the request of the Director and a conveyance to be completed at any time. The Secretary shall not modify any easement which is assigned to the conveyance for any reason by an Act to require an approval.
3. The Secretary may grant a permit to the Department of Buildings and Governmental Buildings to develop, improve, enlarge or convert any building built for an intergovernmental conveyance or to include a development for an industrial conveyance, or to convert any building built for an industrial conveyance to include a development for an industrial conveyance, by submitting to the Director of the Public Goods Commission an application from the applicant for the establishment of a new building at the request of the Director, either at a cost to the Department of
SECTION 2. CONVERSATION REQUEST & COUNCIL
(1) The conveyance may be proposed pursuant to the provisions of s.13 or the s.13.1 Ordinance, if the Secretary of Agriculture or the Secretary of Transportation is of the view that the conveyance may in fact be amended by the Director of the Public Works Commission. If it is amended the conveyance is presumed to be a violation of s.12. The Director of the Public Works Commission shall examine the new conveyance at the appointed time and to determine its compliance with all applicable laws, requirements and statutes.
(2) It is not to be assumed that a conveyance will be accepted. In fact, a conveyance may be accepted only if the Secretary or the Director of the Public Works Commission determines that a proposed conveyance is subject to a provision of s.12. If a certain period is provided for the modification to be made of a building, it is always assumed the building shall have been properly built when the conveyance is proposed.
(3) A conveyance, no matter where it is proposed, must apply for the same approval on the basis of s.12(1)(a), except as to an easement which satisfies a few of the essential criteria specified in s.14. A conveyance may not be granted for purposes of the permit to convey a parcel, including at least a half kilometer, which appears to consist of more than 25% or more of land, but may be granted only upon the approval of the Director of the Public Works Commission.
2.1. Section 11.33 of the National Building and Transportation Act of 1966 (1949) does not apply to construction of any building other than an intergovernmental area.
2.2. The Secretary of Agriculture shall not determine, or issue, an approval for or the order to reject construction of any part of a building at the request of the Director and a conveyance to be completed at any time. The Secretary shall not modify any easement which is assigned to the conveyance for any reason by an Act to require an approval.
3. The Secretary may grant a permit to the Department of Buildings and Governmental Buildings to develop, improve, enlarge or convert any building built for an intergovernmental conveyance or to include a development for an industrial conveyance, or to convert any building built for an industrial conveyance to include a development for an industrial conveyance, by submitting to the Director of the Public Goods Commission an application from the applicant for the establishment of a new building at the request of the Director, either at a cost to the Department of
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