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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.
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...
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 the cost of repair, that turned upon the express terms of a reservation. However, the CA usefully set out the general...
This page contains a statement of the general principle that applies when interpreting easements; ie that: "The task of interpretation with which the court is faced requires the intention of the parties to the original conveyances to be ascertained from the words of...
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...
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 fencing easement to be created by express grant in a Conveyance. Facts Relying on a clause in a 1972 conveyance of the...
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 prescription or under s62. The fact that it was not as easy to define the extent of the easement as it would have been in the...
English 