🔒 Decoding Land Law: Understanding Implied Easements and Their Creation

Law Sessions With Jennifer Housen’s Podcast

Subscriber-only episode

In this third part of our Land Law Easements series, we explore ways easements may be created by implication rather than express agreement. We examine how courts imply these rights based on circumstances even when parties haven't expressly declared them in legal documents.
• Implied easements are read back into deeds when courts determine rights should exist based on property circumstances
• For implied grants by necessity, courts require "absolute necessity" such as truly landlocked land with no alternative access
• Cases like Titchmarsh v Royston Water and Menzies v Bredelbane establish that mere inconvenience is insufficient for easements of necessity
• Implied grants by mutual intention occur when courts determine parties intended rights to exist, as in Wong v Bowman Property Trust Limited
• The rule in Wielder and Burroughs applies when quasi-easements existed before property division, requiring rights to be:
- Continuous and apparent
- Necessary for reasonable enjoyment (not absolute necessity)
- In use before and at time of sale
Join us next time as we examine Section 62 of the Law of Property Act and explore how easements can be protected through prescription.
💡⚖️ Let’s learn the law together—one session at a time!

Chapters

1. Decoding Land Law: Understanding Implied Easements and Their Creation (00:00:00)

2. Intro to Implied Easements (00:00:15)

3. Easements by Necessity (00:01:37)

4. Implied Grants of Mutual Intention (00:06:10)

5. Wielder and Burroughs Rule (00:07:52)

6. Concluding Remarks on Quasi-Easements (00:11:22)