chapter  10
44 Pages

Easements

WithJudith Bray

This chapter describes the main characteristics under Re Ellenborough Park. It aims to compare easements with other rights in land, such as restrictive covenants, licences and profits a prendre. The chapter presents the rules governing the express and implied grant of an easement. It explains how easements can be acquired under the rules of prescription. The chapter discusses the reform of easements introduced under the Land Registration Act 2002. It explores the proposals for the reform of the law of easements. The only circumstances when the courts will imply a reservation are: in the case of necessity and an intended easement. The law is generally more generous in cases of intended easements than in cases of necessity. The Court of Appeal granted the tenant the right on the grounds of necessity although much of the reasoning was based on what the parties had intended at the start of the lease.