legal easement

Prescription may also be used to end an existing legal easement.

Therefore for an express legal easement to be formed rather than simply equitable it must have been created by deed.

The benefit of a legal easement will pass to the next owner of that tenement without express words.

A legal easement must be registered against both the dominant and servient tenements, if their titles are registered, in order to take effect.

Gary Rosen, a lawyer for the project, Metroplex on the Atlantic, said the legal easements to the ocean expired in 1930.

The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement.

Whether section 62 of the Law of Property Act 1925 can operate to turn an equitable easement into a legal easement upon conveyance of the dominant tenement is unclear.

Additionally - and controversially in some cases - 'precarious' rights, such as licenses or personal rights may be transformed into legal easements, as demonstrated in International Tea Stores Co v Hobbs.

He had his attorney draw up right-of-way papers giving the railroad a permanent, legal easement through the garden areas, which his wife dutifully signed; However, there is no evidence of the documents ever recorded as a restriction on the property's title.

If the dominant tenement is leased, even if only at equity, the benefit of the legal easement will still pass to the lesee and it will remain an easement at law albeit one enforceable by the lessee in equity only.

According to Vahe Tiryakian, a spokesman for the Department of Buildings, any request for a legal easement to change a lot-line window would have to come from the owner of the building with the windows - in this case your co-op - and the owner of the adjacent building.

Cases such as ER Ives Investments Ltd v High and Crabb v Arun District Council have been offered in support of their existence; however, some commentators prefer to analyse these cases as giving rise to a right distinct from an easement or a legal easement respectively.

Rule 250(1) allows for easements to arise in equity through prescription where the title is registered, but a right arising through prescription would be created as a legal easement and there seems to be no part of this process where the owner of the dominant tenement has a right in equity only.