[ case ]
Essentially, under this rule, where a person, A, owns a plot of land and decides to sell / lease some of this land to another, B, B will impliedly acquire as easements all those rights which A had previously exercised over the land they retain for the benefit of the land they have just sold / leased to B. Prior to the sale / lease, these rights were enjoyed by A as ‘quasi- easements’. They were not fully fledged easements, as a person cannot have an easement over their own land. But once there is a division of ownership and occupation of the land, any quasi-easements that exist at the time of the division can become fully fledged easements benefiting the land which has now become the dominant tenement, provided the requirements under this rule are met.
Answer
Wheeldon v Burrows (1879) 12 Ch D 31
Tags
#easements #land #law
Question
[ case ]
Essentially, under this rule, where a person, A, owns a plot of land and decides to sell / lease some of this land to another, B, B will impliedly acquire as easements all those rights which A had previously exercised over the land they retain for the benefit of the land they have just sold / leased to B. Prior to the sale / lease, these rights were enjoyed by A as ‘quasi- easements’. They were not fully fledged easements, as a person cannot have an easement over their own land. But once there is a division of ownership and occupation of the land, any quasi-easements that exist at the time of the division can become fully fledged easements benefiting the land which has now become the dominant tenement, provided the requirements under this rule are met.
Answer
?
Tags
#easements #land #law
Question
[ case ]
Essentially, under this rule, where a person, A, owns a plot of land and decides to sell / lease some of this land to another, B, B will impliedly acquire as easements all those rights which A had previously exercised over the land they retain for the benefit of the land they have just sold / leased to B. Prior to the sale / lease, these rights were enjoyed by A as ‘quasi- easements’. They were not fully fledged easements, as a person cannot have an easement over their own land. But once there is a division of ownership and occupation of the land, any quasi-easements that exist at the time of the division can become fully fledged easements benefiting the land which has now become the dominant tenement, provided the requirements under this rule are met.
Answer
Wheeldon v Burrows (1879) 12 Ch D 31
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Open it Wheeldon v Burrows (1879) 12 Ch D 31
Essentially, under this rule, where a person, A, owns a plot of land and decides to sell / lease some of this land to another, B, B will impliedly acquire as easements all those rights w
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