An exam case based question that will have almost have the same facts as Copelan

May 22, 2024

An exam case based question that will have almost have the same facts as Copeland v Greenhalf. 
I attached PowerPoint slides that you can refer to. 
Problem question IRAC structure
Issue: explain easement 
Rule: regulations and rules applicable 
Analysis:
Conclusion: Advice 
First Explain what is Easement 
A scenario almost mimics the case exactly, so the write the answer. 
Try to make a judgment of whether a grant easement is proper in this case. Would it be just in this situation? Why? Give advice. There is a correct advice. Be as simple as possible.
Will deal with easement and involve one particular case. Copeland v Greenhalf
Write the factors that the court will take into account when granting an easement or factors that influence the court not to grant an easement: one factor would be if it requires the servient tenement to pay to maintain the easement, then the court will be very reluctant to grant an easement. Because an easement, even though it’s meant to benefit the DT. At the same time it should not excessively burden the ST. 
The factors the court will look into when deciding not granting an easement. 
There must be a conclusion
Try to be as simple as possible 
There is an extra case about storing under the basement of the servant tenement. if you include it you will get extra marks. Facts: one of the parties leased the land to another person but still kept his goods. An easement cannot be granted because if you already lease the land..
Include this case for extra marks: Grigsby v Melville 

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