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Finance & Accounting
Pages 13 (3263 words)
Question 1 The legal issues arising out of Margaret’s sale of three terraced houses to Arthur, James and Barry, and Arthur’s subsequent sale of his purchase to Samantha involves the law of easements or right of way. An easement is defined as a right over another’s land and if the easement is comprised of a proprietary interest in realty, its benefit and burden can pass to successive owners.
The Court of Appeal provided that the four essential characteristics of an easement must exist. First there is required to be a dominant and servient tenement in which a benefit (to the dominant tenement) and burden (to the servient tenement) are each defined. Secondly, the easement must be capable of benefiting the dominant tenement. Thirdly, the dominant and servient tenement must own and occupy different pieces of land. Fourthly, the easement must be one that is capable of being created. In other words, the person creating the easement must have the authority to do so and the recipient must have the right to accept it. The easement must be unambiguous and the servient tenement may not be denied excessive rights.2 An evaluation of the facts of the case demonstrate that there are benefits and burdens, in which the dominant tenement acquires a benefit and the servient tenement is not denied too many rights. For example, Margaret permitted Arthur to park his caravan in her garden with the understanding that she could sit a satellite dish on his roof. Since this was placed in the Conveyance of registered title, it is a legal easement. ...
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