Easement of Necessity in UK Law

  • Liverpool City Council v Irwin
    • House of Lords
    • 31 Mar 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 ......
  • Sweet and Another v Sommer and Another
    • Chancery Division
    • 25 Jun 2004
    ...... the relevant titles were correctly registered with the relevant easements being properly noted. In the course of that process, the mistake over the ... 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 Apr 1977
    ......In particular it contained a grant of easements, or rights, as to the passage of water, soil, electricity and gas, as to ... 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 ......
  • Adealon International Corporation Pty Ltd v Merton London Borough Council
    • Court of Appeal (Civil Division)
    • 25 Apr 2007
    ...... at that time, it became entitled by operation of law to an “easement of necessity” over the green land, to give it access to High Path. It ......
  • Graham v Philcox
    • Court of Appeal (Civil Division)
    • 18 Apr 1984
    ...... convey, with the land, houses or other buildings, all…ways…easements, rights and advantages whatsoever, appertaining or reputed to appertain to ... circumstances were, therefore, almost those of an easement of necessity but not quite and certainly that consideration is not relevant here. The ......
  • Max Couper and Another v Albion Properties Ltd and Others
    • Chancery Division
    • 08 Oct 2013
    ...... The Claimants' claims to easements 616–622 ... to have acquired the following easements by prescription or necessity: (a) a pedestrian right of way over the CCQ; (b) a pedestrian right of way ......
  • Wong v Beaumont Property Trust Ltd
    • Court of Appeal
    • 12 Mar 1964
    ......To do this, as it seems to me, he has got to show an easement of necessity. This depends on the circumstances in which the lease was ......
  • Eric Stafford and Another v Cyril John Lee and Another
    • Court of Appeal (Civil Division)
    • 10 Nov 1992
    ...... appurtenant to their landfalls into the second class of implied easements described by Lord Parker of Waddington in Pwllbach Colliery Company ...First, they claimed an easement of necessity. Secondly, they relied on the rule in Wheeldon v. Burrows (1879) 12 Ch. ......
  • Michael David Hillman and Another v Anthony Marlin Rogers and Another
    • Court of Appeal (Civil Division)
    • 19 Dec 1997
    ......That is when easements came into existence, if they ever did. . 10 In 1987 ... of section 62, under the Wheeldon rule or as a way of necessity, to a right of way with or without vehicles or animals over all four ......
  • Ardbana Services Limited v O'Kane & Devine Construction Limited
    • Chancery Division (Northern Ireland)
    ...... established ri ght of way and/or that there was an easem ent of necessity. It is fair t o say that the pleadi ng of these claims was somewhat ... hand following the instruction of Mr Orr QC an d now claims an easement of necessity and an easement of common intention on the basis, int er ......
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