See attched below Essay Example | Topics and Well Written Essays - 2000 words

See attched below - Essay Examplement would therefore be one which has been enjoymentd by a particular party for a long time and where such long term use will allow him a proprietary right of usage over the easement, even if it is situated on land that belongs to the dominant land which is owned by someone else. On the basis of this, a heavy easement is one that is legally enforceable in a court of law while in the elusion of an equitable easement, it mustiness be registered under the Land Charges Act if it is to be enforceable.(b) In the case of Normans property, there are two easements that are under consideration (i) the lane at the rear that get toes the property and (ii) the passage from Acacia road that leads over his property. Therefore, if another party acquires the title to the land at the rear of the property, the issue of legal versus equitable easement will arise in determining access and use of both these easements. In the first case, i.e, the lane at the O.K., No rman will still discombobulate the right to use it by virtue of it being an equitable easement, while in the case of the road in the front, the new owner will not have the right to use it without permission by virtue of its being a legal easement. The rationale for this conclusion is given below as follows(i) Norman is currently the freehold owner of the land at the rear and has been enjoying the right to use the lane at the tail end for several years by virtue of his legal interest, since it was not in fact an easement at all but a part of his property. However, when the question of its sale arises, then this lane at the back of the property will be described as appurtenant to the dominant land,2 which belongs to Norman. When the land is transferred under sectionalization 187(1) of the Law of property Act of 1925, then this easement will pass with it.3. But the easement must accommodate the dominant land because what is passed is only to ensure normal enjoyment of the land rathe r than to grant any undue advantage.4 An easement is a right of way