The online resource for UK Property Law

Easements

Right to light

4 articles

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…

Also in Easements

Easements: Getting It Wrong…

Easements

In her article, Hannah Bayliss explores a legal battle between neighbouring commercial property owners over prescriptive easements and access rights…

Easements – Rights of Way

Easements

Article contributed by Ian Quayle Some practical points concerning prescriptive rights of way and lessons to be learned when drafting easements LAMPOR…

Pumps, Power & Positive Obligations?

Easements

Article contributed by Robert Kelly - Stewart Title The High Court looks at easements and ancillary rights In the case of Gosling and another -v…

Permission Stops Prescriptive Rights

Easements

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

Easements

Sporting and recreational rights Conditions Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57 Summary Sporting or recreation…

Parking and mooring

Easements

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

Easements

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

Easements

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

Easements

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

Easements

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

Easements

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

Easements

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

Easements

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

Easements

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

Easements

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

Easements

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

Easements

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…
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