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.
The essential purpose of this article is to take a brief look at three recent 2024 cases which impact upon prescriptive easements, two of the cases involving signage and one involving a “cease and desist” letter. Background legal principles “User as of right” is...
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...
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...
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...
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...
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...
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...
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...
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...
No express right on construction No implied right in contradiction In Parker v Roberts [2019] EWCA Civ 121 the Court of Appeal determined, as a matter of construction of the conveyance (applying Arnold v Britton [2015] 1 AC 1619), that a landowner, who wished to build...
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