Saskia 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 Naseem 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 Tina 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. Saskia gave Naseem 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, Saskia told Naseem that he is no longer allowed to park his bike on the land.
• b)East Field has been occupied and developed by Terrence 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. Saskia owns the land and the fishing rights. Terrence has occupied the land for some years at no inconvenience to Saskia and she has allowed this. Her son has encouraged her to evict Terrence from the land.
• c)West Field was sold two years ago to Tina for her to build a house. As part of the sale, Saskia made and registered a covenant that allowed Tina to erect one, single story property on the land and use it for residential purposes only. Saskia 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 Saskia objects. In addition, Saskia has allowed the wall to fall into disrepair. If she can't build, Tina is considering selling the property.

You are required to consider:

• Naseem's right to park on the land outside the cottage garden
• Terrence's rights to remain on the land and Saskia's 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 Tina 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.