STEP 4: whether the easement is enforceable where the servient land has been sold? - Equitable Easement
3 important questions on STEP 4: whether the easement is enforceable where the servient land has been sold? - Equitable Easement
Explain the two different types of equitable easements that require different formalities?
- Create an equitable easement
- Equity recognises an easement an estate contract
Explain the requirements for the express creation of an equitable easement?
- S.1(2)(a) LPA 1925 is not satisfied = uncertain period
- Writing, signed by the party creating it (s.53(1)(a) LPA 1925)
Explain the requirements for an easement that takes effect as an estate contract?
- Satisfies duration requirements in (s.1(2)(a)) LPA 1925)
- BUT is not created by a valid deed so cannot take effect as a legal easement
- Equity recognises easement as an estate contract if it satisfies formalities under (s.2 LP(MP)A 1989); (Walsh v Lonsdale)
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