🔒 Acquiring Easements Through Statute and Prescription: A Comprehensive Guide

Law Sessions With Jennifer Housen’s Podcast

Subscriber-only episode

We explore the final segment of Land Law Easements, focusing on additional methods of acquiring easements and how to protect these rights once established. Legal distinctions between Section 62 of the Law of Property Act and Wheeler and Burroughs principles form the cornerstone of this complex but crucial area of property law.
• Section 62 LPA 1925 allows conversion of privileges into legal easements under specific conditions
• Key distinction: Section 62 applies with sole ownership but separate occupation
• Wheeler and Burroughs applies with sole ownership AND sole occupation where dominant tenement is sold
• Rights under Section 62 need not be continuous and apparent, unlike Wheeler and Burroughs
• Prescriptive easements require 20 years of continuous use "without force, secrecy or permission"
• Oral permission may double the required time period to 40 years
• Written permission prevents acquisition of prescriptive easements entirely
• Protection of easements differs between registered and unregistered land
• Express legal easements require substantive registration under LRA 2002 Section 27
• Implied legal easements fall under Schedule 3 Paragraph 3 as overriding interests
Thank you for joining this series on Land Law Easements. I look forward to exploring new topics in our next lecture.
💡⚖️ Let’s learn the law together—one session at a time!

Chapters

1. Acquiring Easements Through Statute and Prescription: A Comprehensive Guide (00:00:00)

2. Introduction to Final Segment (00:00:10)

3. Section 62 Implied Grant Explained (00:00:41)

4. Contrasting Wheeler and Burroughs (00:02:09)

5. Prescriptive Easements and Requirements (00:06:15)

6. Protecting Easements in Land Law (00:10:43)

7. Closing Remarks (00:14:29)