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š How Property Rights Are Created and Reserved Through Easements
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We continue our four-part Land Law series on easements with a detailed exploration of Rail Edinburgh Park requirements and how easements are created or acquired.
ā¢ Easements must show sufficient similarity to existing easements - you cannot create entirely new types
ā¢ Rights must not totally exclude the servient owner from using their land
ā¢ Failing to meet Rail Edinburgh Park requirements results in only having a license, not a proprietary right
ā¢ Easements can be created through grants (selling dominant land) or reservations (retaining dominant land)
ā¢ Legal easements can be created via express deed, necessity, or mutual intention
ā¢ Equitable easements arise from written contracts that don't meet deed requirements
ā¢ Equity won't assist with reservations as sellers should consider retaining rights when selling land
ā¢ Section 1.2 of the Law of Property Act 1925 defines interests capable of being legal easements
ā¢ Express grants in deeds create legal easements while written contracts create equitable ones
ā¢ Deeds require writing, clear intent, witnessed signatures, and proper delivery
š”āļø Letās learn the law togetherāone session at a time!
Chapters
1. How Property Rights Are Created and Reserved Through Easements (00:00:00)
2. Rail Edinburgh Park Requirements (00:00:34)
3. Easements vs. Licenses (00:01:59)
4. Creating Easements: Grants vs. Reservations (00:04:24)
5. Legal vs. Equitable Easements (00:06:28)
6. Express Easements in Deeds and Contracts (00:09:02)
104 episodes
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