Property Law Problem Question: Easements, Licences and the Sale of Hardacre (Advise Enya)

Property Law Problem Question: Easements, Licences and Leases at Hardacre (Advise Enya)

This property law problem question tests whether rights over registered land survive changes of ownership. It involves a lease of a field, a permission to use a driveway, an informal short cut across a forecourt, a written agreement to park a motorhome, the later sale of part of the land and a possible sale of the rest, so you need to classify each right (easement, licence or something else), decide whether it was validly created, and work out who is bound after each disposition.

The Facts

Enya owns the registered title of Hardacre, a farm set in extensive grounds. In March 2021, needing money to replace Hardacre’s roof, Enya validly leases one of Hardacre’s fields, Blackacre, to Pip for four years. Pip uses the field to keep his horses. He asks Enya if he can use the driveway across Hardacre’s garden to access Blackacre. Enya agrees.

Pip sees Enya early most mornings as she takes a short cut across the forecourt belonging to Blackacre on her way to swim in Hardacre’s lake.

In May 2023 Enya enters into a written agreement with Cat which allows her to park her motorhome on the large car park at the side of the farmhouse.

In November 2024 Pip bought the registered freehold title of the stable from Enya. Pip asks Enya to stop crossing the forecourt every morning because it is upsetting his new wife.

Ben has offered to buy Hardacre as he also likes to swim in the lake and enjoys the isolation of the farm.

The Question

Enya wants to know:

1. if she can stop Pip from using the driveway; if Cat will still be able to park her motorhome in the car park; and if she (Enya) can still cross the forecourt; and
2. if she sold the land to Ben, would he be able to use the short cut to the lake, would he have to let Pip use the driveway, and would Cat still be able to park her motorhome.

Advise Enya.

Answer

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