Easements
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Prescriptive rights depend on their lawful origins
Poste Hotels Ltd v Cousins concerned competing rights to use a private cul-de-sac
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Can the undertaking of a utility constitute a dominant tenement?
Easements cannot exist “in gross”. There must be a dominant and servient tenement…
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Did proprietary estoppel extinguish a right of way?
Pezaro v Bourne has shown the dangers of relying on an informal agreement to remove a right of way
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Had use of an underground pipe been secretive?
How does one acquire prescriptive rights over a third party’s land when pipes are underground?
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A prescriptive right of way would accommodate a proposed new development
Excessive use of an easement will render the dominant landowner liable in nuisance
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A covenant in a conveyance could not be construed as an easement
Conveyancers will welcome the decision in Churston Golf Club v Haddock.
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Do mortgages of part and easements combine happily together?
The law in relation to easements is complex and arcane…
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Party who bears a burden is not necessarily entitled to a corresponding benefit
A mistake in a conveyance can sometimes cause real difficulties later down the line.
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Development in the face of an easement
What are the options for developers in the wake of Regency Villas?
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A whole new species of easement is born
The Supreme Court has endorsed the right to use recreational activities in a leisure complex
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Supreme Court gives landmark ruling on recreational rights
The Supreme Court has found that rights to use recreational facilities can constitute easements
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No legal impediment to development
Not so very long ago, the Court of Appeal decided that the separation of land that benefitted from a right of way into two parcels (leaving one of the parcels…