Gale Easements, 18th Edition

Conveyancing / Tenancy / Land

Gale Easements, 18th Edition

Edited by Jonathan Gaunt, QC · The Hon Mr Justice Morgan
Sweet & Maxwell U.K. September 2008

Specifications

ISBN-13
9781847032225
Publisher
Sweet & Maxwell U.K.
Publication
September 2008
Format
Hardback
Jurisdiction
Commonwealth, U.K. ? Countri(es) for reference only

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

Table of Contents

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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