Easement of Necessity in UK Law

  • Nickerson v Barraclough
    • Chancery Division
  • Liverpool City Council v Irwin
    • House of Lords
    • 31 Março 1976
    ... ... 10 There can be no doubt that there must be implied (i) an easement for the tenants and their licensees to use the stairs, (ii) a right in the ... implicitly requires, no more, no less: a test in other words of necessity. The relationship accepted by the Corporation is that of landlord and ... ...
  • Moncrieff v Jamieson and Others
    • House of Lords
    • 17 Outubro 2007
    ... ... ' right to park vehicles on the servient tenement and the necessity for a permanent interdict. The pursuers, for their part, no longer insist ... that the property could have no value whatever without this easement, but I mean that it was necessary for the convenient and comfortable ... ...
  • Mills and Another v Silver and Others
    • Court of Appeal (Civil Division)
    • 06 Julho 1990
    ... ... 863: "The question so far as regards this particular easement claimed, is the same question whether the Defendant endeavours to assert ... farmers for certain purposes do not stand on their rights when necessity dictates and infringement of them by a neighbour is accepted and is ... ...
  • Wheeler v JJ Saunders Ltd
    • Court of Appeal (Civil Division)
    • 19 Dezembro 1995
    ... ... that with the exception which I have referred to of easements of necessity, you cannot imply a similar reservation in favour of the grantor of land." ... have been some doubts as to whether the requirement that the easement should be continuous and apparent is an alternative to the requirement ... ...
  • Sweet and Another v Sommer and Another
    • Chancery Division
    • 25 Junho 2004
    ... ... Although the registered title of the Old Forge did not note the easement of way purportedly granted to the Martins, it did describe the Old Forge ... to Mr and Mrs Lovering) had been to create an implied way of necessity over the Old Forge Yard. As a footnote to this, there was the proposition ... ...
  • 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
    ... ... in the special Act; nor is there power to create and purchase an easement without purchasing the land unless special provision is made or in either ... and negotiation, and in no way comes under a heading of "necessity". That word might indeed cover access to the block, but this is provided ... ...
  • Hunter v Canary Wharf Ltd
    • House of Lords
    • 24 Abril 1997
    ... ... v. East India Co. (1752) 1 Dick 163) ; in the absence of an easement, it may restrict the flow of air onto his neighbour's land ( Bland v ... ...
  • Clear Channel UK Ltd v Manchester City Council
    • Court of Appeal (Civil Division)
    • 09 Novembro 2005
    ... ... 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 ... ...
  • 1. The Mayor and Burgesses of the London Borough of Brent v Malvern Mews Tenants Association Ltd
    • Chancery Division
    • 29 Abril 2020
    ... ... had contended that one or both of them was entitled to an “easement of necessity or by prescription … to permit the First and/or Second ... ...
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