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Gale Easements, 18th Edition

Gale Easements, 18th Edition

Gale Easements, 18th Edition

Author: Jonathan Gaunt, QC; The Hon Mr Justice Morgan
Publisher: Sweet & Maxwell U.K.
ISBN: 9781847032225
Published In: September 2008
Format: Hardback
Jurisdiction: Commonwealth, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

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Description
Contents

Details

Regarded as the leading authority on this key area of property law, Gale on the Law of Easements:

Analyses the development of the law via an in-depth examination of the latest case law, ensuring readers are fully up to date and understand recent changes
Offers remedies and advice for when an easement has been disturbed, suggesting solutions to problems that may arise in practice
Explains what constitutes an easement and details specific types, thereby enabling readers to develop a good understanding of the technical detail of the subject
Provides summaries and examination of case law, including a wide range of Commonwealth cases, giving a thorough analysis of the subject
Only title on the market solely devoted to easements, providing thorough knowledge of the subject from the fundamentals to the more complex

Characteristics of an easement

Characteristics of an easement

Essential characteristics of an easement
Examples of easements
Rights analogous to easements
Incidents of easements
Statutory rights
Licences
Extent and mode of enjoyment
Classification of profits
Law reform

Equitable rights to easements

Legaeasements and equitable rights
Proprietary estoppel
Limits on proprietary estoppel
Actuaagreement
The statutory formalities
Dominant tenement must be identified
An agreement to grant a profit
The position of third parties

The acquisition of easements

Creation of easements by known transactions

Creation by or under statute
Creation inter partes
Creation by implication
Creation by generawords
Law reform

Establishment of easements by prescription

The length of time during which the enjoyment must continue
The persons against whom and by whom the enjoyment must be
Qualities and character of the necessary enjoyment
Prescriptive right to cause nuisance
Law reform

Easements and registered land

The Land Registration Act 1925
The Land Registration Act 2002

Particular easements and particular naturarights of a similar character

Rights in respect of water

Naturarights in naturawatercourses
Statutory restrictions on riparian owners' rights
Prescriptive rights in naturawatercourses
Miscellaneous prescriptive rights
Artificiawatercourses
Impurity and pollution
Acquisition of water rights
Miscellaneous rights of riparian owners
Pipes and drains

Right to light

Acquisition of easement of light
Extent of right acquired by user
Custom of London

Air

Right to air
Custom of London

Rights of way

Nature of rights of way
Extent of rights of way acquired by user
Extent of rights of way acquired by grant
Miscellaneous incidents
Parking and stopping

Support

The rights to support
Naturasupport to land
Support of buildings by land
Support of buildings by buildings
The nature of the right to support
Support and the law of tort

Party-walls, banks, boundary trees and buildings and access to neighbouring land

Party-walls generally
Party Wall etc. Act 1996
Banks, hedges and ditches
Boundary trees and buildings
Access to neighbouring land

Extinguishment of easements

Extinguishment of easements

By operation of law
By statute
By release
Implied release

Disturbance of easements

What amounts to a disturbance

The nature of the cause of action
Disturbance of various easements
Clauses permitting development

Remedies for disturbance

Remedies by act of the party
Remedies by act of law

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