Right to light
These pages deal with three issues: Agreements excluding the right to light; and Whether or not the court should grant an injunction in right to…
Easements
Also in Easements
Is the “ouster principle” on the way out? Insights from Stenner v Teignbridge DC [2025] UKUT 204 (LC)
In this article, Dr Nathan Smith examines a recent tribunal decision that raises important questions about the future of the ouster principle in…
Kingdom Hall Trust v Davies: Charity Land, Easements and the Law’s Imagination
The Upper Tribunal’s decision in Kingdom Hall Trust v Peter Robert Davies UKUT 294 (LC) marks a crucial development in the law surrounding…
To What Extent Can a Prescriptive Easement Claim Be Scuppered by Signage and/or a “Cease and Desist” Letter?
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…
Easements: Getting It Wrong…
In her article, Hannah Bayliss explores a legal battle between neighbouring commercial property owners over prescriptive easements and access rights…
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…
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…
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…
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…
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…
Sporting and recreational rights
Sporting and recreational rights Conditions Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57 Summary Sporting or recreation…
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
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…
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…
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…
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…
Construing rights of way
This page contains a statement of the general principle that applies when interpreting easements; ie that: "The task of interpretation with which the…
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…
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…
Implied and s62
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…
Repair to right of way
Repair to right of way Carter v Cole [2006] EWCA Civ 398. This was a dispute relating to the repair of a right of way, and payment of contributions to…
Fencing
Obligation to create fencing Creation by express grant in a Conveyance Churston Golf Club v Haddock [2018] EWHC 347 (HC) Summary It is possible for a…
Gardens
Communal gardens Mulvaney v Gough [2002] EWCA Civ 1078 An easement giving a right to use a communal garden is capable of being acquired by…
English