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…
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A covenant requiring a landowner to erect a fence obstructing access to a right of way did not mean that the right of way had been abandoned
It is notoriously difficult to show that an easement has come to an end. It may be possible to show that an easement has been abandoned if it has not…
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A fencing covenant in a conveyance created an easement that bound successors in title to the land
According to the Court of Appeal in a trio of cases, Jones v Price [1965] 2 QB 618, Crow v Wood [1971] 1 QB 77 and Egerton v Harding [1975]…
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The court refuses to conjure easements out of thin air
How do you deal with a longstanding claim to an easement over your land, if the users have never done anything to vindicate their claim?
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A provision in a conveyance created a contractual licence, as opposed to an easement
The legal requirements for an easement have long been settled. There must be both a dominant and a servient tenement, each of which must be in different ownership
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An unrestricted right of way had not been lost because there had been a physical change in the layout of land
It is notoriously difficult to show that an easement has come to an end. But what is the position if the title to a property appears to be burdened by…
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Love your neighbour is sometimes more easily said than done
In Dickinson v Casillas [2017] EWCA Civ 1254; [2017] PLSCS 166 the parties had been at loggerheads for more than a decade. The flank wall of one of the properties,…
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Failure to obtain a lender’s consent to the surrender of a lease, when required, could, potentially, prove disastrous
The litigation in Co-Operative Bank plc v Hayes Freehold Ltd (in liquidation) [2017] EWHC 1820 (Ch) concerned the validity and the effect of a composite deed of surrender of commercial…
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What must claimants do to satisfy the court that they have established an easement by prescription?
Several conditions must be satisfied to obtain an easement by prescription.
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Recreational rights can constitute easements
PRACTICE POINT: Every land law student knows that a right to use communal gardens qualifies as an easement, thanks to Re Ellenborough Park [1956] Ch 131. However, it was widely…
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Shaw v Grouby and another
Easements Right of way
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Shaw v Grouby and another
Easements – Right of way – Extent of right – Respondent having right of way over driveway on appellants’ land – Whether right limited to point of access existing at…