STEP 2: Is each right capable of being an easement? (Re Ellenborough Park) - (d) the right over the land must be capable of forming the subject matter of the grant - Three further conditions to determine this
3 important questions on STEP 2: Is each right capable of being an easement? (Re Ellenborough Park) - (d) the right over the land must be capable of forming the subject matter of the grant - Three further conditions to determine this
Explain why the easement of television reception (right to view) was rejected in (Hunter v Canary)?
There were claims that the erection of the Canary Wharf Tower had interfered with TV signals. The court held that the person erecting the building will have no means of knowing the precise effects of television reception.
Will the courts recognise new negative easements (Phipps v Pears)?
The courts will not recognise new negative easements - this list is closed.
Explain why easements were extended to include 'right of recreation' in (Regency Villas Title Ltd v Diamond Resorts)?
An entry was made allowing the predecessors in the title to use the neighbouring mansions recreational facilities. It was held easements could extend to recreational facilities as it concerned the land and was not personal.
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