Solicitors Qualifying Examination (SQE) Practice Exa\

Disable ads (and more) with a membership for a one time $2.99 payment

Prepare for the Solicitors Qualifying Examination with quizzes. Use flashcards and multiple-choice questions, complete with hints and explanations, to strengthen your readiness!

Each practice test/flash card set has 50 randomly selected questions from a bank of over 500. You'll get a new set of questions each time!

Practice this question and more.


In a Wheels v Burrows easement, what is a key characteristic?

  1. The owner has never used the easement before.

  2. The easement shows continuous and apparent use.

  3. The easement must be registered with Land Registry.

  4. The easement can only be granted to new owners.

The correct answer is: The easement shows continuous and apparent use.

In a Wheels v Burrows easement, a key characteristic is that the easement shows continuous and apparent use. This type of easement is often recognized based on established patterns of usage that can be observed and are consistent over time. Continuous use refers to the regular and ongoing exercise of the easement rights without interruption, while apparent use indicates that the usage is visible and clear to anyone observing the property. This characteristic is significant because it helps establish the validity of the easement and may support the argument for its necessity or the expectation of its continuance by the party benefiting from it. Continuous and apparent use can also affect the rights of the parties involved, particularly in discussions about whether an easement can be extinguished or needs to be respected by subsequent owners of the land. The other options do not accurately reflect key aspects of a Wheels v Burrows easement. For example, there is no requirement that the owner has never used the easement before, nor is registration with the Land Registry a defining feature for the existence of such easements. Lastly, the notion that an easement can only be granted to new owners does not align with general easement principles, which typically allow for the transfer of rights regardless of ownership status.