The online resource for UK Property Law

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.

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 of construction of the conveyance (applying Arnold v Britton [2015] 1 AC 1619), that a landowner, who wished to build...

read more

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 the cost of repair, that turned upon the express terms of a reservation. However, the CA usefully set out the general...

read more

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 court is faced requires the intention of the parties to the original conveyances to be ascertained from the words of...

read more

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 a particular field, can the dominant owner use the track to go to an adjacent field? Introduction The starting point...

read more

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 fencing easement to be created by express grant in a Conveyance. Facts Relying on a clause in a 1972 conveyance of the...

read more

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 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...

read more