🔒 How Property Rights Are Created and Reserved Through Easements

Law Sessions With Jennifer Housen’s Podcast

Subscriber-only episode

We continue our four-part Land Law series on easements with a detailed exploration of Rail Edinburgh Park requirements and how easements are created or acquired.
• Easements must show sufficient similarity to existing easements - you cannot create entirely new types
• Rights must not totally exclude the servient owner from using their land
• Failing to meet Rail Edinburgh Park requirements results in only having a license, not a proprietary right
• Easements can be created through grants (selling dominant land) or reservations (retaining dominant land)
• Legal easements can be created via express deed, necessity, or mutual intention
• Equitable easements arise from written contracts that don't meet deed requirements
• Equity won't assist with reservations as sellers should consider retaining rights when selling land
• Section 1.2 of the Law of Property Act 1925 defines interests capable of being legal easements
• Express grants in deeds create legal easements while written contracts create equitable ones
• Deeds require writing, clear intent, witnessed signatures, and proper delivery
💡⚖️ Let’s learn the law together—one session at a time!

Chapters

1. How Property Rights Are Created and Reserved Through Easements (00:00:00)

2. Rail Edinburgh Park Requirements (00:00:34)

3. Easements vs. Licenses (00:01:59)

4. Creating Easements: Grants vs. Reservations (00:04:24)

5. Legal vs. Equitable Easements (00:06:28)

6. Express Easements in Deeds and Contracts (00:09:02)