S is the registered freehold owner of a large estate which includes the Manor House, which is her home, Rose Cottage which she has been leasing to N for the last three years and East field which is being occupied by Terrence who runs a fishing club. She used to also own West field which she sold some years ago to Terrence who gained planning permission to build on the land and now lives there.

• a)Rose Cottage is set in its own garden. There are no easements. S gave N permission to keep his motorbike outside the garden of the property on Manor House land that is not part of the lease. After an argument, S told N that he is no longer allowed to park his bike on the land.
• b)East Field has been occupied and developed by T as a fishing centre since 2005. He has improved the river bank, planted hedgerows and trees and has recently erected a small wooden lodge which he runs as a caf and fishing supplies shop. He has started charging for entry to the field. S owns the land and the fishing rights. Terrence has occupied the land for some years at no inconvenience to S and she has allowed this. Her son has encouraged her to evict T from the land.
• c)West Field was sold two years ago to T for her to build a house. As part of the sale, S made and registered a covenant that allowed Tina to erect one, single story property on the land and use it for residential purposes only. S covenanted that she would keep dry stone wall between the Manor House garden and West Field in good repair. Now Tina has decided to build a second storey on her house and an extension to open a tearoom to which S objects. In addition, S has allowed the wall to fall into disrepair. If she can't build, Tinais considering selling the property.

You are required to consider:

• N's right to park on the land outside the cottage garden
• T's rights to remain on the land and Ss rights in relation to the land.
• The rights that exist to enforce the covenant in place relating to the West Field
• building and the boundary wall now and in the event of T selling the property. Your notes should:
• Explain the rules for creation and acquisition of legal and equitable easements.
• Distinguish between negative and positive easements.
• Explain how easements are extinguished.
• Distinguish between positive and restrictive covenants.
• Explain how the benefit and burden run in law and in equity.
• Explain how freehold covenants are discharged or modified.
• Explain how adverse possession is established.
• Illustrate registered owners' protection against adverse possession under the LRA 2002.
• Illustrate the advantages of registered proprietor in the context of adverse possession.
• Evaluate the extent of enforceability of positive covenants against third party.
• Evaluate the extent of non-traditional types of easements.
• Critique the justification for acquiring land under adverse possession.