Suggested Answer to Exercise 8.4 (Part 1)
Approaching the Question
The suggested answer contained in these pages is designed to illustrate how to answer Exercise 8.4 whilst also helping you to develop your problem answering skills.
- It is only an illustration - there is no one right way to answer any question.
- It is in note form – you need to develop and practice your own style of answering questions.
- Questions about easements tend to be rather unpopular in examinations. Perhaps this is because the rules seem complicated and highly technical. However, most problem questions on easements can be successfully tackled (and the fear neutralized) by asking two questions about each of the rights being claimed:
- is it capable of being an easement or profit à prendré; and if so
- was it created in such a way (or has anything occurred to it) so as to give it the status of a legal easement or profit? Take care when approaching questions like this in an examination. Every year, students mistake a problem question about easements for one about freehold covenants (see Land Law Chapter 9) and vice versa. Why is this question about easements and not restrictive covenants? (You’ll need to do better than, ‘Because it comes in Chapter 8 not Chapter 9’. Make sure that you know how to distinguish between these two types of interest in land.)
Before you go to the next page, make notes under the following headings:
- What are the issues in this question (what does Sam want to know)?
- What rules will you need to use to answer Sam’s questions?