The online resource for UK Property Law


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.

Easements – Rights of Way

Article contributed by Ian Quayle   Some practical points concerning prescriptive rights of way and lessons to be learned when drafting easements     LAMPOR & ORS V JONES [2023] EWHC 667 (Ch)    Summary    A...

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Pumps, Power & Positive Obligations?

Article contributed by Robert Kelly - Stewart Title   The High Court looks at easements and ancillary rights    In the case of Gosling and another -v- Bradbury and another [2023] EWHC 199(Ch) the High Court looked at what ancillary rights are granted when an...

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Permission Stops Prescriptive Rights

Article contributed by Robert Kelly from Stewart Title     Two recent cases on easements    The ability to claim a right to access a property from a neighbour’s land is often the cause of dispute, and two cases decided recently show how difficult it can be to...

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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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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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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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Extent of grant

This page deals with the extent of the land benefitting from the grant? For example, if the servient owner has granted a right of way over his land to a particular field, can the dominant owner use the track to go to an adjacent field? Introduction The starting point...

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