Here is the synopsis of our sample research paper on Australian Land Law; Enforceability of an Easement Not Created by Deed. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 3 page paper examines a case supplied by the student. An agreement is made between neighbours which allows access across a piece of land for a period of twenty years in return for a payment. One neighbour is thinking of selling the land, the case considered the position of easements, their characteristics and applies them to this case to assess if the easement will be enforceable after the sale of the land. The bibliography cites 2 sources.
Page Count:
3 pages (~225 words per page)
File: TS14_TEauslandeas.rtf
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Unformatted sample text from the term paper:
payment of $100 for a period of 20 years is an easement. The agreement is attached to the plan of the property. Now Daniel is selling his land to Thomas,
and Thomas wants to know if he will be able to benefit from the easement and still gain access to the road fro the track. It is worth noting that
the easement is not needed, as there is access to the road by another route, but it is a longer route. The key to considering this case is to
determine if this is an easement that is attached to the land, or it is an equitable easement, one that is created by personal arrangement. If it is attached to
the land then there is a high likelihood that Thomas has the potential to benefit from it, assuming it is deemed to be a valid easement, if it is
personal then the easement is likely to be extinguished if Daniel sells the land as it is possible for grants to be made with the use of a personal agreement
only. However, it is Thomas, who wants to sell the land to Peter. To consider this we can first look at the characteristics that are required for an easement
to exist. There are four accepted characteristics which are laid down in the case of Re Ellenborough Park [1956] 1 Ch 131, there must be a dominant and a servient
tenement, the easement must be to accommodate the dominant tenement, there cannot be common ownership of the dominant and the servient tenement and the rights that are granted should be
capable of being the subject matter of a grant (Gravells, 2005). Looking at the first requirement; the dominant and servient tenement, here the benefit must be for the benefit
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