Home Page > Monthly Update > Easements.

Home Page
Contact
Editorial Team

Boundaries and adverse possession.
Business lease renewal.
Co-ownership and estoppel.
Easements.
Landlord and tenant (general).
Long leases.
Mobile homes.
Mortgages.
Nuisance and trespass.
Planning.
Property litigation and ADR.
Property transactions.
Public access to land.
Residential tenancies.
Restrictive covenants.

Current page






Easements.

The editor of this section is Emma Humphreys, solicitor, partner in Charles Russell LLP (www.cr-law.co.uk)

There are two cases this month:
  • A right to enter adjoining land extended to permitting access for the purposes of inspection and to read meters
  • Once a claimant has established use for 20 years or more the defendant has the burden of showing that use was not as of right

Ancillary rights

Inspection of property and reading meters

Dickinson v Cassillas
[2017] EWCA Civ 1254

Summary

A right to enter onto adjoining land “for the purpose of effecting…maintenance repair and decoration” extended to permitting access for the purposes of inspection and to read the gas and electricity meters installed within the boundary wall. The Court upheld the decision to grant an injunction to prevent the gate at the driveway entrance from being locked.

Facts

The parties were neighbouring owners of detached properties on a housing estate. The flank wall of Number 96 (owned by C) was built on the boundary line between the two properties. It contained the gas and electricity meters for Number 96 in such a position that they could only be read from the neighbours’ (Ds’) property at Number 98. Following Ds’ refusal to allow C onto their land to read the meters or inspect the flank wall to see if repairs were needed, she issued a claim for appropriate declarations as to her rights of entry.

The terms of the transfers of the two properties largely mirrored one another and included at the following right for the benefit of the owners of Number 96:
    “To enter with workmen tools and materials on adjoining land included in the said estate for the purpose of effecting such maintenance repair and decoration of the property transferred as may with more convenience be dealt with by access from the said adjoining land"
C issued proceedings for a declaration of her rights. Ds submitted that this provision did not include a right to enter onto the driveway of Number 98 to read the meters or to inspect Number 96 to see if maintenance, repair or decoration was required.

F ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

Existing members, to login click => here
If you have found this page useful, you may be interested in the following:

Options
Free Summaries £nil
Full Membership From £207 + VAT (1 year)