Easement Problem Question Help!Watch
Okay, basically I am struggling with this problem question .
There is this girl (let's call her Julie), that owns this land, in which there is a ditch and a narrow lane at the rear boundary of the property. Residents located at the rear of this property have used this lane as an alternative access for a long time. So far so good.
However, recently other villagers are using the land as a short cut into the nearby town and in order to stop all this the residents (located at the rear of the house) have begun to put their rubbish on the lane and asked the local authority to collect their rubbish from this location.
Julie is complaining about this as she is claiming that her access is impeded (fair enough).
The residents replied by telling her to fill in the ditch which would give her more room.
Okay, so my question first of all is: does she have any right on the ditch and the lane? For the medium filum presumption, perhaps?
Secondly, I am pretty sure that the right the residents are claiming is capable of being an easement (the right of way over the lane), but how it has been created?
Do the villagers have the same right of way over the lane?
I am also quite sure that the last right they are trying to claim (the rubbish on the lane) is not an easement.
CAN YOU HELP ME GUYS?
The scenario is impossible to read because of the smilies, very unusual turns of phrase and your illustrations of thought.
In short you need to consider the following:
Easements; Rights of Way; Implied or Express Easements; the Rule in Wheeldon and Burrows; s62 LPA 1925; legal easements; equitable easements; formalities; 'land locked'; doctrine of notice. There are cases that are analogous to this scenario, which will be in your recommended texts or through WestLaw.
To your questions:
1. You haven't given enough information about the dominant and servient tenement, freehold or leasehold, other access to the land which seeks to be dominant over Julie's land. No answer.
2. Has it been created? Is it right there should be one if this is simply alternative access according to the details you've included? How should this easement have been protected and registered.
3. Insufficient information from the scenario you have given.
4. Do not presume. Use the law. You haven't given the entire scenario but from what I see they are seeking a right of way, and an easement. Julie on the other hand, will want to stop any of this happening.
(It is a practical certainty that neither of the rights the residents seek will be successful).