The online resource for UK Property Law

Easements

The editor of this section of the site is Emma Humphreys, partner at Charles Russell Speechleys

This section contains material on a number of matters relating to easements. The topics covered can be seen in the contents list on the left.

Excluding the right

Prescription Act 1832 Section 3 of the 1832 Act provides as follows: "When the access and use of light to and for any dwelling house, workshop, or other building shall have been actually enjoyed therewith for the full period of 20 years without interruption, the right...

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Sporting and recreational rights

Sporting and recreational rights Conditions Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57SummarySporting or recreation rights (such as the right to use a golf course or tennis court) are capable of taking effect as easements. There was no...

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Damages

How much? Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd [2007] EWHC 212 (Ch) (Gabriel Moss QC sitting as a Deputy High Court Judge) In this second stage of the case the High Court judge had to decide how much to award in lieu of an...

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Injunction?

This page considers four cases where the court considered whether to grant an injunction or instead damages in lieu where there had been a breach of the right to light. The most important case is the CA decision in Regan. The most dramatic is the last, HKRUK II...

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Parking and mooring

This page deals with: the issue of whether or not a right to park (or moor a boat) can exist as an easement, and preventing a right arising by prescription. Can a right to park exist as an easement? Introduction In Batchelor v Marlow [2001] EWCA 1051 the Court of...

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Prescription

This page deals with: The basic point - prescription is based on user of the servient land The position where the owner of the land has no power to grant an easement - can a prescriptive easement arise? Acquisition of prescriptive easements where the servient land is...

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Substantial interference

On this page we cover the general principle that the owner of the servient land (the land subject to the easement) must not substantially interfere with the right enjoyed by the owner of the dominant land (the land with the benefit of the easement) and what that...

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Increasing the burden

Change of purpose This page contains two cases that deal with the issue of whether or not the owner of the dominant land can change the purpose for which the land is used. Will the dominant owner be able to use the easement for the new purpose? For example, if the...

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Abandonment

It is almost impossible to establish that a person with the benefit of an easement has lost it by abandonment. This page deals with two recent cases that make this clear. CDC2020 plc v Ferreira [2005] EWCA Civ 611 The principle Lloyd LJ, para 24: ".. the dominant...

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Extinguisment

This page contains two cases: Effect on easement contained in lease when it merges with the freehold - Wall v Collins Effect on easement where use made impossible by statutory obligation - Jones v Cleanthi Easement appurtenant to lease Effect of merger with freehold...

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