Land Law Essay Example | Topics and Well Written Essays - 2500 words

Land Law - Essay ExampleThis paper will analyze a case scenario which involves situations of easement rights, mortgage laws, and restrictive easements. Easement rights In English law, easement is an individuals right over anothers land. In other words, an easement is a right over star piece of land existing for the benefit of another piece of land (plainlaw solicitors). The common easement rights recognised include the right to use trend/ cause or light, the right to park a car on neighbours land, or even to use a neighbours lavatory. somewhat recent findings of the Law Commission indicate that at least 65% of registered freehold titles be subjected to easement rights (Law Commission & Ministry of Justice 2011). Although people have extensive easement rights under English law, land owners are not allowed to access a public highway without an easement right under certain circumstances. In erect to claim an easement right successfully, the claim must meet the requirements of the common law definition. Danckwerts J in Re Ellenborough Park (1956) set forth intravenous feeding essential characteristics of an easement. The first essential feature of an easement is that there must be a dominant and a servient tenement (Bailey 2012, pp. 205-207). ... It is particularly important to watch that a claim of easement cannot be justified if the dominant and servient tenement come under a common ownership. Fourth, the right claimed must be adequate to(p) of forming the subject-matter of a let. It is the most complex characteristic of an easement and it must be definite and certain in its purpose (Ibid, pp. 205-207). Generally an easement is created in four different ways such as express grant or reservation, implied grant or reservation, prescription, and statute (NPC, n.d.). In most cases, easement rights are expressively created in a transfer document, and it is called easement creation by express grant or reservation. In case of creation of easements by implied g rant or reservation, the right may be implied. The right to use way across the surrounding neighbours land to the public highway is an manikin of easement creation by implied grant/reservation. Some metres an easement right will be created or granted following an open and unchallenged mould for a long time. To illustrate, the right to use a way will be granted if the way has been uninterruptedly used for a long time (a minimum of 20 years). Finally, an easement right may be created by statute also. From the case scenario, it is clear that Anne sold a part of her land to microphone and Zara, who subsequently gained planning permission to convert an existing stable on the land. Here, it seems that Anne cannot prevent Mike and Zara from using the driveway that crosses her land because it is the only practical way to access the stable. The case context clearly says that the badly maintained country road is not a possible option for Mike and Zara. While analyzing the case, it is axiom atic that Mike and Zara