Easement of Necessity in UK Law

Leading Cases
  • Sovmots Investments Ltd v Secretary of State for the Environment; Brompton Securities Ltd v Secretary of State for the Environment
    • House of Lords
    • 28 Abril 1977

  • Clear Channel UK Ltd v Manchester City Council
    • Chancery Division
    • 14 Diciembre 2004

    It is clear, in my judgment, that "the Sites" mentioned in the 2001 Draft Agreement were not the areas of the concrete bases of the Ms, but larger undefined areas of land owned by MCC in which the concrete bases were placed. As I have said, there were no plans attached to the March 2001 Draft Agreement.

    Further, I reject Mr McGhee's submission that the provisions of the March 2001 Draft Agreement, particularly clauses 7.9.1, 7.9.2, 7.10 and 7.12.1, indicate that the Sites were the actual concrete bases of the Ms. Each of those clauses refers both to "every Site" and to the "Advertising Display". Mr McGhee accepted that the definition of "the Advertising Display in clause 2 of the March 2001 Draft Agreement included the concrete base.

    Furthermore, it is telling, in my judgment, that the March 2001 Draft Agreement contains no express grant of any easement of way to and from "the Sites". Mr McGhee submitted that an easement of necessity would be implied.

    Clear Channel is not assisted by the evidence of Mr Watson that, before the 2001 Draft Agreement, the precise location of the concrete bases of the Ms was discussed and agreed with Mr Houghton of MCC, and then marked out on the ground by Mr Watson with spray paint. That process of identifying the precise location of each M is perfectly consistent with the grant of a licence over a wider area than the concrete base itself.

  • Price and Another v Nunn
    • Court of Appeal (Civil Division)
    • 31 Julio 2013

    Issue estoppel is a form of estoppel precluding a party from disputing the decision on an issue reached in earlier proceedings even though the cause of action in the subsequent proceedings is different. It may arise where a particular issue forming a necessary ingredient in a cause of action has been litigated and decided and in subsequent proceedings between the same parties or their privies to which the same issue is relevant one of the parties seeks to re-open that issue.

  • Sweet and Another v Sommer and Another
    • Chancery Division
    • 25 Junio 2004

    Accordingly, the only real question in relation to this right of way is whether it was an overriding interest within Rule 258. Mr Sharples submitted that there were two reasons why it could not be. First, he submitted that there was little if any evidence of actual use by the owners of the northern field of the way at the time of the first defendant's purchase.

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Legislation
  • Local Registration of Title (Ireland) Act 1891
    • UK Non-devolved
    • 1 de Enero de 1891
    ......registration of the land;. .   . ( j. . ) Any easement, profit prendre, or mining right created by. express grant or reservation ...subsidiary register under this Act, such exemption from the. necessity of registration in pursuance of the Acts relating to the. Registry of ......
  • Public Health Act 1936
    • UK Non-devolved
    • 1 de Enero de 1936
    ......with the necessity for such consent, either unconditionally. or subject to such conditions as ... . ‘land’ includes any interest in land and any easement. or right in, to or over land;. . ‘land drainage authority’ means a ......
  • Public Health Act 1875
    • UK Non-devolved
    • 1 de Enero de 1875
    ...... ‘Lands’ and ‘Premises’ include messuages buildings lands easements and hereditaments of any tenure: . ‘Owner’ means the person for the ... a few instances included in this repeal, in order to avoid the necessity of reference to previous statutes. . . . Session and Chapter. . Title ......
  • West Surrey Water Act 1869
    • UK Non-devolved
    • 1 de Enero de 1869
    ......," Power to to sell and convey lands may grant to the Company any easement, mn\setoSe" liberty, or privilege in or over lands which the Company are ... by the Company : Provided-always, that in any case of pressing necessity the said owner may proceed to make good such damages and recover payment ......
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Books & Journal Articles
  • Easements–‐The Right to Wander and to Picnic
    • Nbr. 18-6, November 1955
    • The Modern Law Review
    ...... was held that there was nothing objection- able to this on the grounds of variance, as the larger easement of necessity included the lesser. On this decision, Danckwerts J. comments: “ If the four judges comprising the court had thought ......
  • The Meaning of “Pek Incuriam”
    • Nbr. 18-6, November 1955
    • The Modern Law Review
    ...... existed the doubt whether in proving the larger easement the plaintiffs had proved the lesser. It was held that ... the grounds of variance, as the larger easement of necessity included the lesser. On this decision, Danckwerts J. ......
  • Notes of Cases
    • Nbr. 27-6, November 1964
    • The Modern Law Review
    ...... destruction was justifiable by the defence of necessity, available to the ordinary citizen, giving rise to no right ... C. DESCH. THE BASIS OF THE EASEMENT OF NECESSITY THE Court of Appeal decided in Wong v. Beaumont ......
  • Informal Transactions in Land, Estoppel and Registration
    • Nbr. 58-5, September 1995
    • The Modern Law Review
    ...... that the plaintiff was entitled to a right of way as an easement over the defendant’s land in accordance with the terms of the ... a beneficiary who, albeit in ignorance of the legal necessity, has failed to register. The present rule creates a standing ......
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Law Firm Commentaries
  • Easements – Don't Let Them Be A Burden!
    • Mondaq UK
    ...... Impliedly granted or reserved. An implied easement may arise, for example, on grounds of necessity or a common intention at the time of the sale. By prescription. An easement by prescription may arise when one party has been using the other's land ......
  • Real Estate Quarterly - Spring 2019
    • JD Supra United Kingdom
    Hogan Lovells quarterly newsletter on legal topics relevant to the UK real estate industry. Please see full Publication below for more information.
    ......Recreational easements: a new species 10. The impact of drones on real estate 14. A landlord’s ...An easement might be . implied as a matter of necessity (typically, . where part of land has been sold and there is . no way to ......
  • A Green Light For Unconventional Oil And Gas?
    • Mondaq UK
    ...... a consequently depressed renewables market, means that the necessity of hedging fuel costs and, wherever possible, reducing dependence on ... form of conditional consents followed by leases and/or deeds of easement, dependent on the infrastructure and the promoter involved. Energy ......
  • Real Estate Update - May 2011
    • Mondaq United Kingdom
    ......A Land Agreement includes a lease, licence, transfer or deed of easement (but not a planning agreement such as a Section 106 Agreement). ... that although the law recognises private needs and commercial necessity, such construction activity cannot be at any cost to neighbouring ......
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