Land Law
Land Law tests the substantive rules underneath Property Practice’s procedure: what counts as a legal or equitable interest, and how third parties are affected by it.
Easements, co-ownership and the priority of interests are the most frequently tested areas, usually through a short fact pattern rather than a bare definition question.
- Legal and equitable interests in land
- Easements and covenants
- Co-ownership: joint tenancy and tenancy in common
- Mortgages and the priority of interests
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Written for this page only, in the same single best answer format as the 180+ questions in the Land Law section of the course.
A path across a neighbour’s land allows the owner of the neighbouring plot to reach a private car park more conveniently, though a longer public road route to the same car park is also available. Which of the following is NOT required for this right to exist as a valid easement?
The accepted characteristics of an easement are a dominant and servient tenement, diversity of ownership or occupation between them, that the right accommodates the dominant tenement rather than merely conferring a personal advantage, and that the right is capable of forming the subject matter of a grant. Necessity, in the sense that the right is the only practical way to reach the dominant tenement, is not one of these characteristics, and a right of way can be a valid easement even where a less convenient alternative route exists.
Authority: Re Ellenborough Park [1956] Ch 131.
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