Easements and Profits

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This quiz is based on Chapter 10 of Land Law. Remember, you need to know not only which answer is correct, but also why it is correct.

Which of the following does not fall within one of the four requirements for an easement recognised in Re Ellenborough Park [1956] Ch 131?

There must be a dominant and servient tenement.

The easement must accommodate the dominant tenement.

The dominant and servient tenements must be adjacent.

The right claimed must not amount to a right of joint occupation.

There must be a capable grantor and a capable grantee of the easement.

Clear selection

A right may accommodate the dominant tenement even if the right is not connected with the normal use of the dominant land.

True

False

Clear selection

Which of the following requirements does not need to be satisfied if a right is to be recognised as a new type of easement?

The right claimed must not be too uncertain.

The right claimed must not be purely recreational.

The right claimed must not be too extensive.

The right claimed must not impose a positive obligation on the owner of the servient land

Clear selection

The test for whether a right is too exclusive to amount to an easement suggested by Lord Scott in Moncrieff v Jamieson [2007] 1 WLR 2620 is whether the right claimed …

… leaves the dominant tenement owner without any reasonable use of their land.

… leaves the servient tenement owner without any reasonable use of their land.

…. deprives the dominant tenement owner of possession and control of their land.

… deprives the servient tenement owner of possession and control of their land.

Clear selection

One of the consequences of section 27(2)(d) of the LRA 2002 is that any new easement created over servient land to which the title is already registered will be an equitable easement unless and until it has been entered on the title register to the servient land.

True

False

Clear selection

The creation of easements by necessity and by common are based upon which doctrine?

Non-derogation from grant.

Quiet enjoyment.

Adverse possession.

Prescription.

Proprietary estoppel.

Clear selection

Section 62 of the LPA 1925 operates to convert quasi-easements into legal easements when the dominant portion of the land is transferred only if:

The right was continuous and apparent at the time of the transfer.

The right was reasonably necessary for the use of the dominant land at the time of the transfer.

The right was continuous and apparent and reasonably necessary for the use of the dominant land the time of the transfer.

The dominant tenement is, or is intended, to be used for the purpose of one or more dwelling houses.

Clear selection

The rule in Wheeldon v Burrows (1879) LR 12 Ch D 31 is still relevant because section 62 of the LPA 1925 …

… does not apply where the two tenements were in common occupation immediately before the relevant transaction.

… only applies to quasi-easements that were continuous and apparent immediately before the relevant transaction.

… does not apply where there was diversity of occupation immediately before the relevant transaction.

… requires a deed and cannot operate in equity.

Clear selection

Which of the following does not operate to create an easement by prescription?

The doctrine of lost modern grant.

The doctrine of use since time immemorial.

Section 2 of the Prescription Act 1832.

Section 62 of the LPA 1925.

Clear selection

Which of the following will be sufficient to establish abandonment of an easement over unregistered land?

The death of the parties who created the easement.

Evidence of non-user of the easement for at least 50 years.

Evidence of non-user of the easement for at least 150 years.

Evidence that the owner of the dominant tenement no longer wishes to make use of the right.

None of these.

Clear selection

Profits are very similar to easements except that:

Profits are not capable of being legal interests.

Profits may be created without being attached to a dominant tenement.

Profits can never accommodate a dominant tenement.

A profit can be attached to a dominant tenement without it having to benefit the land comprised in that tenement.

Clear selection

Which of the following is not capable of being enjoyed as an easement?

A right of way by foot only.

The right to attach an advertisement.

The right to use a coal shed.

The right to prevent the servient tenement using her land as a pig farm.

The right to use a lavatory.

Clear selection

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