2. Easements, Covenants and Third-party Rights
Create, identify, protect, transmit and enforce easements and freehold covenants against successors.
How to study the CPQ Advanced stage
Prepare each separately assessed component on its own terms, then connect legal analysis, client judgment, drafting, accounts and research across the route.
Core concepts
Concept 1
An easement requires qualifying dominant and servient land, accommodation and a right capable of grant.
Exam cue: Identify the land, right, parties and method of creation.
Concept 2
Legal and equitable creation and protection rules affect enforceability against purchasers.
Exam cue: Check register or land-charge protection before priority analysis.
Concept 3
Benefit and burden of covenants pass under different common-law and equitable rules.
Exam cue: Analyse benefit and burden separately for each successor.
Risk pitfalls and guardrails
Treating a personal convenience as an easement.
Guardrail: Do not study all optional modules as mandatory, combine unlike assessment structures, exceed professional authority or rely on outdated law, procedure, tax or regulator rules.
Assuming the burden of a positive covenant runs in equity like a restrictive covenant.
Guardrail: Do not study all optional modules as mandatory, combine unlike assessment structures, exceed professional authority or rely on outdated law, procedure, tax or regulator rules.
Ignoring annexation or assignment of benefit.
Guardrail: Do not study all optional modules as mandatory, combine unlike assessment structures, exceed professional authority or rely on outdated law, procedure, tax or regulator rules.
Memory anchors
Easement test
Dominant land, servient land, accommodation and grantable right.
Covenant path
Original promise, benefit, burden, successor and remedy.
Priority first
Creation is not enough; check protection and purchaser status.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
A deed grants the owner of Plot A a right to use a defined driveway over Plot B. Which characteristic supports an easement?
A buyer of registered land is concerned about a neighbour's express legal easement. How is priority ordinarily protected?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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