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) https://www.bailii.org/ew/cases/EWHC/Ch/2023/667.html Summary A...
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.
Bucknell v Alchemy Estates (Holywell) Ltd [2023] EWHC 683 (Ch)
Article contributed by Ian Quayle Chancery Division 4 April 2023 Judge Paul Matthews (sitting as a High Court judge) [2023] EWHC 683 (Ch) [2023] PLSCS 64 Bucknell v Alchemy Estates (Holywell) Ltd [2023] EWHC 683 (Ch) (04 April 2023) ...
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...
Alexander Devine Children’s Cancer Trust v Housing Solutions [2020] and Restrictive Covenants
Article contributed by Robert Kelly, Stewart Title Many property lawyers will be familiar with the case of Alexander Devine Children’s Cancer Trust v Housing Solutions [2020] UKSC 45. In this case, the Supreme Court declined to exercise its discretion to vary...
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...
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...
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...
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...
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...
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...