Law of Property Act 1925: Key sections include 1(2) regarding legal estates, 62 regarding conveyancing implications, and 65 regarding production and safe custody of documents. This is fundamental legislation for property law in England and Wales.
Land Registration Act 2002: Governs the registration requirements for easements, including sections 27 and 32, and establishes priority rules for registered interests in land.
Law of Property (Miscellaneous Provisions) Act 1989: Section 2 sets out the formal requirements for contracts dealing with disposition of interests in land, which includes easements.
Land Charges Act 1972: Establishes registration requirements for interests in unregistered land, relevant if the property involved is unregistered.
Prescription Act 1832: Deals with acquisition of easements through long use (prescription), important for understanding any historic rights that might exist.
Re Ellenborough Park [1956]: Leading case law establishing the four essential characteristics required for a valid easement: dominant and servient tenements, accommodation of dominant tenement, different owners, and capability of being granted.
Wheeldon v Burrows [1879]: Important case law establishing principles for implied grant of easements upon separation of title.
Town and Country Planning Act 1990: Relevant for any planning considerations that might affect the creation or use of the driveway easement, including local planning restrictions.
