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Easements in the System of the British Land Law - Term Paper Example

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This paper under the headline "Easements in the System of the British Land Law" focuses on the fact that in order to identify the rights of Greg in the particular case we should primarily proceed to the analytical explanation of ‘easement’ as part of the English law.  …
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Easements in the System of the British Land Law
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Download file to see previous pages X and Y can enter into a contract to give effect to this requirement, but what if either X or Y sell their respective interests? How can a successor to Y (call him Z) enforce his right of access against X, even when X and Z have no contract? Easements are obligations that `run with the land and are therefore attached to the Title, not the person’ [1]. In accordance with the above term, the easement should be considered as a right ‘attached’ to a specific piece of land and not related to a particular person. Towards this direction, many similar definitions of easement highlight certain particular points that are usually examined when the above right is being examined as of its existence.

According to the Law of Property Act of 1925, an easement ‘permanently binds the land over which it is exercisable and permanently avails the land for the advantage for which it exists’ (s.52 LPA 1925). Moreover, it is noticed that ‘1) An easement must be granted by deed to be legal, and 2) it must be either granted in fee simple or for a term of years absolute’ (s.1 (2) (a) LPA 1925). However, in the article 30 of the Commonhold and Leasehold Reform Act 2002 it is stated that ‘that these requirements are not necessary in commonhold cases where there is a community statement for to the effect of the easement’.

Generally, easements should be considered as a basic element of English land law. After examining the particular issue, Geldart (1995, 92) stated that ‘besides the interests in land which are known as estates, and which, when they are present estates, give a right to possession of the land, English law, like other systems, recognizes rights of a more restricted kind; among these, we may notice easements, such as rights of way, rights of light, rights to take water or to discharge water over the land of another; A true easement must always be appurtenant to a piece of land; Rights similar to easements may, however, exist in favour of the public, e.g. a public highway; or in favour of a limited class--e.g. the fishermen of a village may by custom have the right to dry their nets on a piece of land’ (Geldart, 1995, 92).  ...Download file to see next pagesRead More
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