| 释义 |
implied easement
An easement that is implied into a transfer of land. There are four main types of implied easement. Firstly, an easement of necessity, without which the land would be unusable. Secondly, an easement implied by the common intention of the parties as evidenced by the terms of the transfer or the nature of the property; for example, in Wong v Beaumont Properties [1965] 1 QB 173, an easement of ventilation was implied into a lease of a basement restaurant. Thirdly, under the rule in Wheeldon v Burrows (1879) 12 Ch D 31, the grant of an easement is implied on a subdivision of land where the right claimed: (i) was used for the benefit of the part transferred before the subdivision; (ii) is continuous and apparent; and (iii) is necessary for the reasonable enjoyment of the part transferred. For example, if a path runs over the retained land to the part transferred, and has been used to benefit the part transferred, a right of way will be implied in the transfer of that part to the new owners unless the contrary is expressed in the transfer. Lastly, section 62 of the Law of Property Act 1925 transfers all existing easements with the land and in certain circumstances will turn quasi-easements and licences into easements, particularly where the two pieces of land were in separate occupation (for example, one part was leased to a tenant) before the transfer (Long v Gowlett [1923] 2 Ch 177). |