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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.
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...
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...
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...
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 