An alleged interference with a right of way, or other easement, is not actionable unless it can be fairly described as “substantial”. So, it is all a question of degree – which is all very well, until you are asked to advise upon where the line should be (or should have been) drawn in a particular case.
A single reported case is unlikely to get you very far, but with the benefit of electronic searching should be able to find a range of useful comparables. If concerned with disturbance to parking rights, your search should certainly include Saeed v Plustrade Ltd [2002] EWCA Civ 2011; [2002] 02 EG 102 (CS), which explored the extent to which such rights could stand in the way of a landlord’s plans to extend and modernise a block of flats.
That case also affirms that, as regards degree of disturbance, it is immaterial whether the action is founded on infringement of an easement or non-derogation from grant. The test is the same.
Start your free trial today
Your trusted daily source of commercial real estate news and analysis. Register now for unlimited digital access throughout April.
Including:
- Breaking news, interviews and market updates
- Expert legal commentary, market trends and case law
- In-depth reports and expert analysis
An alleged interference with a right of way, or other easement, is not actionable unless it can be fairly described as “substantial”. So, it is all a question of degree – which is all very well, until you are asked to advise upon where the line should be (or should have been) drawn in a particular case.
A single reported case is unlikely to get you very far, but with the benefit of electronic searching should be able to find a range of useful comparables. If concerned with disturbance to parking rights, your search should certainly include Saeed v Plustrade Ltd [2002] EWCA Civ 2011; [2002] 02 EG 102 (CS), which explored the extent to which such rights could stand in the way of a landlord’s plans to extend and modernise a block of flats.
That case also affirms that, as regards degree of disturbance, it is immaterial whether the action is founded on infringement of an easement or non-derogation from grant. The test is the same.
