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 grant an easement - can a prescriptive easement arise? Acquisition of prescriptive easements where the servient land is...

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 with the right enjoyed by the owner of the dominant land (the land with the benefit of the easement) and what that...

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...

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...