释义 |
quasi-easement n. A right in the nature of an easement enjoyed over a plot of land for the benefit of another plot owned by the same person: it would be an easement if the two plots of land were owned and occupied by different persons. If the second plot (the quasi-dominant tenement) is sold, the purchaser will acquire a full easement under the Law of Property Act 1925 s 62 provided the two parcels were occupied by different persons immediately before the sale. For example A, the owner of Blackacre and Whiteacre, lets Whiteacre to B, who uses a track across Blackacre. If A then sells the freehold estate in Whiteacre to B, B acquires an easement of way over the track (International Tea Stores Co v Hobbs [1903] 2 Ch 165). If the plots are not separately occupied an easement may still arise in favour of the purchaser of the quasi-dominant tenement if the easement claimed is permanent in nature, identifiable from inspection of the land, and used by the grantor (vendor) at the time of the conveyance for the benefit of the quasi-dominant tenement (Wheeldon v Burrows (1879) 12 Ch D 31). |