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CELE SQE1 模拟练习

Examination Timing: 00H01M35S

Robert purchases a small, land-locked plot of farmland situated in the middle of Meadowfield Town Moor from Meadowfield City Council, which also owns the moor. The transfer document makes no mention of granting any easements. The farmland is not as profitable as Robert had hoped, so he decides to construct a café on the land. Which of the following statements best describes the legal position?

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Robert has an easement of necessity to access the land for the purposes of farming but no easement of necessity for its use as a café. An easement of necessity provides only those rights essential for the enjoyment of the land at the time of the grant. Since the land was being used as farmland at the time of the grant, the easement of necessity would only extend to farming purposes. It would not automatically extend to a new use, such as a café, which was not within the contemplation of the parties at the time of the grant. 

Key Point: Easements of necessity are strictly construed to provide only what is essential for the enjoyment of the land at the time of the grant. New uses of the land that arise after the grant, which were not anticipated or necessary at the time, do not benefit from the easement of necessity unless expressly granted.



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