Use of land of another person

Easements; a right to use or restrict the use of the land of another person in a particular
matter, but not so as to allow the owner of the easement to take anything except water
from the land over which easement is exercised. In Re Ellen borough park the characteristics
of an easement were laid down, these were (1) there must be a dominant and servient
tenement (2) an easement must accommodate the dominant tenement and it would do so
if it made the dominant tenement a better and more convenient property(e.g.) if it
increased the value of the property. Under the accommodation here must also be sufficient
nexus between the enjoyment of the easement and the dominant tenement in order words
proximate. It must also be shown that the easement accommodates the land as opposed to
the person as an easement is more than a mere personal right as in hill v tupper (3) the
dominant and servient owners must be different persons(4) the right claimed must be
capable of forming the subject matter of a grant.
Easements can be acquired through; (1) express grant – this arises in three categories of case
by the means of express words: this constitute the most common form of grant of easement
and is usually made by the use of express words in the conveyance of the legal estate of the
dominant tenement and provided it is granted for a period of time equivalent to a freehold or
leasehold estate, and the conveyance itself complies with the formal requirement and this
must be supported by an act of paart performance McManus v Cooke 1887. Estopel ; this
method of acquisition covers a situation where no formal grant of an easement is made but
an easement arises in consequences of the conduct of the parties as in crabb v arun distrct
council. Implied easement; where an easement is not expressly granted or reserved it may
still be acquired impliedly. There are three situations in which the law is prepared to imply an
easement in favour of the grantee against the grantor; (a) necessity; it means that u have to
show that without the easmenet your land canot be used at all as in MRA engineering v
Trimster. (b) common intention ; this happens when it is the common intention of the parties
at the time of the conveyance that an easement should be granted as in wrong v beaumount
property trust ltd. (c) the rule in wheeldon v Burrows; his rule may apply to grant as easement
in favour of a purchaser in two situations; (a) where there is a sale of part of the vendors land
(b) where the vendor is disposing of all is/her property to two different purchasers