Easement of Necessity in UK Law

  • The Meaning of “Pek Incuriam”
    • No. 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 ... ...
  • Easements–‐The Right to Wander and to Picnic
    • No. 18-6, November 1955
    • The Modern Law Review
    ... ... grant created merely a personal covenant or a legal easement. Danckwerts J. held that the grant of “the full enjoyment ... the grounds of variance, as the larger easement of necessity included the lesser. On this decision, Danckwerts J ... ...
  • Notes of Cases
    • No. 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 ... ...
  • Creation of Easements and Profits
    • Part I. Easements and profits à prendre
    • Restrictions on the Use of Land
    • William Webster/Robert Weatherley
    • 9-18
    ... ... BY IMPLIED GRANT OR RESERVATION ... Easements of necessity ... 2.5 Such an easement is implied where the use is essential for the ... ...
  • Registration of Easements and Profits à Prendre and Determination of Disputes
    • Part I. Easements and profits à prendre
    • Restrictions on the Use of Land
    • William Webster/Robert Weatherley
    • 55-57
  • Scope of Enjoyment of Easements and Profits à Prendre
    • Part I. Easements and profits à prendre
    • Restrictions on the Use of Land
    • William Webster/Robert Weatherley
    • 25-28
    ... ... In the case of an implied grant (involving easements of necessity or of intended use or those within the rule of Wheeldon v Burrows or ... sets out the relevant principles governing the extent to which an easement, granted by implication of a conveyance, could still be enjoyed by the ... ...
  • Informal Transactions in Land, Estoppel and Registration
    • No. 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 ... ...
  • Particular Easements and Examples of Analogous Remedies of Relevance to Development
    • Part I. Easements and profits à prendre
    • Restrictions on the Use of Land
    • William Webster/Robert Weatherley
    • 29-50
    ... ... position is the same in the case of an implied grant or way of necessity where one looks at the extent of the actual or contemplated use at the ... a right to park cars anywhere in a defined area can subsist as an easement, 23 provided that the use of the land for parking is not so intrusive as ... ...
  • Missed Opportunities, Good Intentions: The Takings Decisions of Justice Antonin Scalia
    • No. 6-1, May 2017
    • British Journal of American Legal Studies
    • Richard A. Epstein
    • Laurence A. Tisch Professor of Law, New York University School of Law; The Peter and Kirsten Bedford Senior Fellow, The Hoover Institution; The James Parker Hall Distinguished Professor of Law Emeritus and Senior Lecturer, The University of Chicago
    • 109-135
    The late Justice Antonin Scalia sensibly pushed his powerful originalist agenda as a bulwark against activist justices of any persuasion from enacting their policy preferences into law. But while t...
    ... ... the protection of individuals from democratic oppression or the necessity for extended and informed public deliberation over collective decisions ... could gain their permits only if they dedicated a public lateral easement over their property to the Commission for general public use. That ... ...
  • Drafting
    • Contents
    • Positive Covenants and Freehold Land
    • Christopher Jessel
    • 211-226
    ... ... If an easement, such as a drainage ... 214 Positive Covenants and Freehold Land ... In order to avoid any implied grant, including a right of way of necessity, the transfer should include a provision expressly negativing any such ... ...
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