Introduction

Easements can be acquired in a number of ways: Express grant or reservation (eg. in a deed) Implied grant, ie. necessity or common intention or the rule in Wheeldon v Burrows [1879] Prescription Statutory provision.

Express grants or reservations can arise in a deed of grant or in a transfer or lease of land. The acquisition of an easement under s62 of the Law of Property Act 1925 (LPA 1925) is also deemed to be an express grant.

Implied grants normally arise following the decision of a court, although the court can order that a formal deed is also executed.

Prescription is where a person acquires a right through long use, either by virtue of common law, lost modern grant or under the provisions of the Prescription Act 1832 (PA 1832).

Statutory provision is where rights are created by virtue of a specific Act, such as the Housing Act 1985 or the Countryside and Rights of Way Act 2000.

The next page looks at express grants in detail.