Assignment on Law of Property Act 1925

Issues
Angelina, a film star, was the owner of a big house with a large grounds. Her profession
made her so busy that she could not maintain the grounds and decided to sell them. She sell a
portion of her grounds to Brad. In the agreement she holds the right of an easement that
connected her to the main road through Brad land. However, due to her business she could not
carry out any legal action for easement. Angelina made an agreement during the transfer of the
property to Brad with a purpose of getting a tranquil surrounding. The covenant was made and
included the following points:
 Not to let the fence parting the properties to suffer disrepair
 Not to own dogs
 Not to carry a business form the buildings
Brad lend a loan to make a house with an agreement with Windfall Bank. If he redeems
the loan he will have to pay 20% premium on usual repayment terms.
(a) Angelina moved to Los Angeles and sold her house to Jenifer. When Brad moved to her
house he violates the agreement by:
 Bringing five Danes
 Applying for permission to start breeding Dane dogs
 Left the fence unrepaired after a strong wind
(b) Brad also puts a close door at the easement that was reserved by Angelina.
Jennifer is upset due to all these violations by Brad.

(c) Jennifer seems to be a difficult neighbour for Brad so he decided to redeem the mortgage and
wants to avoid the premium.
Rules
(a) Section 78(1) of the “Law of Property Act 1925” suggests that any agreement produced after
the time when property act of 1925 was enforced, it was effective from January 1st 1926 onwards
and the advantages was envisioned to run to successors of the covenant 1. The fact that the Act of
1925 clearly states that the future owner must continue to get the benefits of the covenant is a
strong point in the favour of Jennifer. If any agreement is made in the post 1926 era, it will run
the benefits of the contract to the future owner until and unless that covenant clearly mentions
that the benefits of the covenant should not be transferred to the successors2.
List of methods for Creation of easement: An easement can be created by
 Express grant
 Easement by Reservation.
 Easement by Implication
Type of easement existing at the back route to the airport: this is an easement created by the
express grant. This occur when the owner with servient tenement gives the easements in actual
manner to the owner of the dominant tenement. This exist where one party expressly transfer the
easement to another party. Here Brad pass the easement to Angelina under implied easement.
1
? McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. Land law: text, cases, and materials.
Oxford University Press, USA, 2015.
2
? Jackson, Paul, and David C. Wilde. The reform of property law. Routledge, 2018.

Existence of direct easement: As there in expressed term entered into the contract of
sale is not an easement through express grant but an easement is necessary so implied one is
created. Implied easements are generally associated with land which has been subdivided, and
has been sold or leased without an express easement. This can be created through general words
imported in conveyance, easement of necessity, common intention, implication derived from
description of the land.
Enforcement of easement: in case of implied easement if the owner of dominant
tenement wish to increase the burden on the servinent tenement, the remedy can be sought as
getting an injunction, amount of nuisance due ot use of the easement, issues created for barring
the use of easement.
(b) “The Countryside & Rights of Way Act 2000”, which is also called CRoW act, is an act that
was issued by the parliaments of England and Wales, which became effective from November
30th, 2000. This act states that any way or easement that is reserved by the property owned for a
specific purpose in the initial covenant will run to the successors of that property3. The property
owner or any successor to the property can use the easement for the same purpose for which it
was defined in the first agreement. The owner or any successor of the land through which the
easement is passing cannot block the easement without any legal action. Jennifer is using this for
the same purpose for which Angelina used the easement so Brad has no right to put a closed gate
on the easement.
Requirement of creation of restrictive covenant:
3
? Walsh, Emily. "Public versus private land use controls in England and the USA." International
Journal of Law in the Built Environment 9, no. 1 (2017): 18-31.

A covenant is a type of contractual agreement, the provision that limits the use of
property and prohibits the certain used of the property. Such clauses are termed as restrictive
covenants. Theses are required for allowing the surrounding property owners to have similar
deeds and to enforce the terms in court of law. These have intention to enhance the values of
property by controlling the development. This is a promise not to do anything on the land for the
benefit of other.
Covenant created by Angelina and Brad:
1. Not to let the fence parting the properties to suffer disrepair
2. Not to own dogs
3. Not to carry a business form the buildings
Breach of the covenant and their enforcement:
To breach restrictive covalent means to indulge in such an act that can is in opposition to
the restrictive condition of the deed, as theses are enforceable by the owner of the land. The
remedies for such breach is monetary compensation, injunction order over the servinent
tenement from continuation of the breach or for specific performance requiring the servinent
tenement to repair the wring.
(c) The law of undue influence that comes under the “Class 2A, presume undue influence” is
applicable for Brad to justify that he accepted the terms of the premiums on the mortgage due to
the undue influence from the actor. The court will require Brad to produce sufficient evidence to
make sure that what Brad did was under the undue influence of film star Angelina. Using the
support of this act Brad can find a way out of paying the premium4.
4