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4 Cards in this Set
- Front
- Back
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Easements and profits à prendre
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Four tests (for easements):
1. There must be a dominant and a servient tenement (piece of land). An easement cannot exist in gross. 2. The easement must accommodate the dominant tenement. 3. The dominant and servient tenements must be owned and occupied by different people. If this doesnt exist then it's not an easement, just use of your land. 4. The easement must be certain enough to be put into a legal document. An easement cannot concern a view : Bland v Mosley Profits à prendre : A profit a prendre enables a person to take part of the soil or produce of land that someone else owns. It is a right to take from the land, as in the mining of minerals and is, therefore, distinguishable from an Easement, which is a nonpossessory interest in land generally giving a person a right of way on the property of another. |
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Rights distinct from easements
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1. Natural rights
2. Public rights of way 3. Local customary rights |
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Acquisition
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1. Statute
2. Express grant 3. Express reservation 4. Implied reservation 5. Implied grant 6. Presumed grant - prescription 7. Estoppel |
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Extinguishment
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1. By statute
2. Release 3. Abandonment 4. Unity of ownership / possession 5. Non-use for 12 years unless protected by registration in the Registry of Deeds or the Land Registry as held in the LCLRA 2009 |
