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Paper Topic:

land law

The facts might be interpreted in the following way . Gile registered as a [sole] proprietor in compliance with Land Law Registation Act after October 21 2003 . Lease deed of 2003 was concluded after the registation procedure was duly followed through . Leasee , Sam , actually occupied a specified primeses on the property but was kindly proposed more than he was entitled to . Specifically , Sam used barn (a fixture on the proprietors land , parking place (a parcel of proprietors land ) and sweeming pool (property of proprietor ) in the absence of provisions of leasee deed thereon

. In 2005 the lease was renewed while scope of right enjoyed by Sam has not been actually reflected therein

It might be held that Gile provided Sam with some not `expressly granted easements and profits

Easements can come into existence in a number of ways by express grant (either by deed or in writing , by implication on the sale of part of a property or by prescription . The enforceability of easements depends upon their mode of creation and whether they have complied with the requirements regarding registration

An express easement may be created by deed (s 52 Law of Property Act 1925 ) or in writing , in which case it will be an equitable easement (provided that the agreement complies with s 2 Law of Property (Miscellaneous Provisions ) Act 1989 . In our case no express easement ever emerged . The creation of an express easement by deed over a registered title is a registrable disposition (s 27 (1 ) Land Registration Act 2002 ) and , for the easement to be classed as a legal easement , it must be completed by registration .It is clearly not the case with Sam

Neither it could be said that Sam has an implied easement . Implied easements come into existence on the sale of part of a property . The buyer will acquire all easements that are necessary , intended , come within the rule in Wheeldon v Burrows (1879 ) 12 Ch D 31 , or pass under s 62 Law of Property Act 1925

It could be , however , said that it is a prescribed easement . Easements created by prescription are legal easements , which come into existence as the result of a long period of use . As Bakewell Management Ltd v Brandwood shows , once established they can be enforced against subsequent owners of the servient land . Term `Long period of use ' is construable either under a `lost modern grant ' doctrine or s3 of the 1832 act

In fact , Sam 's case satisfies neither of those requirements . Sec 2 of Land Registry Practice guide 52 states

2 How prescriptive easements may be acquired

Prescription is the acquisition of a right through long use or enjoyment ( user : the law presumes that the right was lawfully granted . There are three methods of acquiring an easement by prescription . at common law . by lost modern grant and . under the 1832 Act

Whichever method is relied on , the user must be for at least 20 years and must also satisfy the following requirements . Clearly , Sam could not...

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