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thanks this was helpful! please could you do a tort series!
Ответитьthank you this was super helpful!
can s.62 apply when the freeholder/dominant tenement is the one enjoying the easement delivered by the servient tenement/leaseholder?
Hey! I enjoyed this vid. Can s62 still apply if conveyance takes place at a later date or does it all have to be at the same time?
Ответитьmind-blowing... your lecture is very helpful.
ОтветитьWood & Anor v Waddington [2015] EWCA Civ 538 (21 May 2015)
ОтветитьHi Amazing Video Could you please guide me as I have no idea if this is applicable to my situation.....Basically in 1984 there was Permission granted for huge Development with a benefit of 56 car park spaces for the retail unit with a residential flat above and huge office Bloc . The property was then split There was a deed made which gave the Right of way to the retail unit to access the garage at the back but no parking was allocated to the retail unit but the previous owners still used and shared the car parking spaces with the staff of the office bloc . I bought the retail unit around 13 yrs ago , both my tenants of the flats and retail used the car parking spaces But a big developer has bought the office bloc and got permission to build 130 apartments and there is no parking available for my property , The developer has also encroached 2.5m into my Right of way under my deed
I have researching Easement of Prior Use on Google But have no idea if this is appropriate for my situation
And surely the developer needed my permission to Build on my Right of Way ......Please Help and advice me accordingly Kind Regards
Hello,
Thank you so much for this helpful video. My understanding is that s62 LPA 1925 can only ever create a legal easement (not an equitable one). I am also aware that for an easement to be legal, the right has to comply with the durational requirements of s 1(2)(a) LPA 1925, i.e it has to be granted for the duration of the original leasehold or freehold estate. Therefore, if a right granted does NOT comply with the durational requirements of s 1(2)(a) LPA 1925, can s62 LPA 1925 be used to convert the right into an implied legal easement? Thank you!
Hi, is S.62 an implied or an express grant of an easement ? Provided s.62 is satisfied, does it then become an express easement ?
ОтветитьI need help. So I have an assignment which mentions a golf club using a parking space Infront of a mansion from 8 am to 4pm. Now the owner of the mansion sold it and the new owner put a fence to restrict the golf club from parking. Can s.62 be used to upgrade that permission into an easement? If so, what requirements must be met? ( such as “is the right reasonably necessary for the enjoyment of the land sold?”) or would that not not apply as the selling of the freehold estate has nothing to do with the gold club? Please help, thank you.
ОтветитьThanks for this 😊 can u please do one for the prescription acquisition of easement?
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