PRV1 144 Lecture Notes - Lecture 4: Re Ellenborough Park, Willful Blindness, Adverse Possession

• School: McGill University
• Department: Private Law 1
• Course: PRV1 144
• Professor: Alexandra Popovic

Document Summary

Implied easement of apparent accommodation or non-derogation: a "reasonable" case scenario. You don"t need to prove all three, you just need one of these types. **common intention and necessity can definitely be linked. Implied reservation: courts are unwilling to find implied reservations unless there is something obvious. Because it gives the grantor a benefit that they could have bargained for, but did not in fact bargain for and probably profits from not bargaining for. Four exceptions to the general rule against reservations: common intention: it has to be absolute agreement. Unity of intention: however, see barton v raine, necessity, mutual easement, to support grantor"s obligations in simultaneous sale of interest. Again, these are mutually exclusive, you don"t have to show all of these. Interesting because it looks a lot like adverse possession. It"s about doing something that will not "barge" too much on the owner"s land/right. Easements by prescription: express grant or reservation.