CILEx L6 Land Law (Registered & Unregistered) 2

Question 1

How is a legal easement created expressly, and what formalities are required?

Accepted Answer

An express grant or reservation of a legal easement must be by deed (s.52 LPA 1925) and, for registered land, completed by registration (s.27 LRA 2002)

Answer

A legal easement is created by a deed (s.52 LPA 1925). For registered land, it must also be registered as an appurtenant right on the dominant title and as a burden on the servient title (s.27 LRA 2002) to operate at law — otherwise it takes effect in equity only.

Question 2

What is the rule in Wheeldon v Burrows [1879] for implied easements?

Accepted Answer

On a grant of part of land, there is an implied grant of all continuous and apparent quasi-easements that are reasonably necessary for the enjoyment of the part granted and were exercised by the grantor over the retained land at the time of grant

Answer

Wheeldon v Burrows [1879] 12 ChD 31 establishes that on a conveyance of part, quasi-easements that are (1) continuous and apparent, (2) necessary for the reasonable enjoyment of the land, and (3) were exercised by the common owner at the date of the grant pass impliedly to the grantee.

Question 3

What is s.62 Law of Property Act 1925 and how does it affect easements?

Accepted Answer

S.62 operates to convert a licence or permission that was being exercised at the time of a conveyance into a full legal easement, unless expressly excluded

Answer

S.62 LPA 1925 provides that a conveyance of land passes all 'liberties, privileges, easements, rights, and advantages' then enjoyed. Courts have used it to convert licences being enjoyed at the time of a conveyance into full legal easements (Goldberg v Edwards [1950]).

Question 4

What is the 'nec vi, nec clam, nec precario' rule for acquisition of easements by prescription?

Accepted Answer

To acquire an easement by prescription, use must be without force (nec vi), without secrecy (nec clam), and without permission (nec precario)

Answer

Prescriptive acquisition of easements under the Prescription Act 1832 (and at common law) requires use that is: (1) nec vi — without force, (2) nec clam — without concealment, and (3) nec precario — without permission. Use that is forceful, secret, or permissive cannot ripen into an easement.

Question 5

What is the test for determining whether a freehold covenant is enforceable against a successor in title in equity?

Accepted Answer

The covenant must be negative in nature, the covenantee must have land to be benefited, the burden must have been intended to run, and the covenant must be registered (Tulk v Moxhay)

Answer

For the burden of a restrictive covenant to run in equity (Tulk v Moxhay [1848]): (1) the covenant must be restrictive (negative), (2) the covenantor must have intended to bind successors, (3) the covenant must accommodate (touch and concern) the covenantee's land, and (4) in unregistered land, the covenant must be registered as a land charge; in registered land, as a notice on the register.

CILEx Level 6 Practice Test

CILEx Level 6 Practice Test

CILEx L6 Land Law (Registered & Unregistered) 2