Easements and Rights of Way in UK Law

Leading Cases
  • Re Ellenborough Park; Re Davies, deceased; Powell v Maddison
    • Court of Appeal
    • 15 Nov 1955

    They are (l) There must be a dominant and a servient tenement: (2) an easement must "accommodate" the dominant tenement: (3) dominant and servient owners must be different persons and (4) a right over land cannot amount to an easement unless it is capable of forming the subject matter of a grant.

    But for the purposes of the present case, as the arguments made clear, the cognate questions involved under this condition are; whether the rights purported to be given are expressed in terms of too wide and vague a character; whether, if and so far as effective, such rights would amount to rights of point occupation or would substantially deprive the park owners of proprietorship or legal possession; whether, if and so far as effective, such rights constitute me-re rights of recreation, possessing no quality of utility or benefit; and on such grounds cannot 'qualify as easements.

    It has therefore a bearing upon the question of the "connection" between the right enjoyed and the premises of the relevant house owners; and must be discussed under the head of Dr Cheshire's first condition, But, in our judgment, the language of the Deedof 1864 is clear to the effect that the right of enjoyment of 'the garden was interned to be annexed to the premises sold, rather than given as a privilege personal to their purchaser.

    The enjoyment contemplated was the enjoyment of the vendors' ornamental garden in its physical state as such - the right, that is to say, of walking on or over those parts provided for such 'purpose, that is, pathways and (subject to restrictions in the ordinary course in the interest of the grass) the lawns; to restin or upon the seats or other places provided; and, if certain parts were set apart for particular recreations such as tennis or bowls, to use those parts for those purposes, subject again, in the ordinary course, to the provisions made for their regulation; but not to trample at will all over the park, to cut or pluck the flowers or shrubs, or to interfere in the laying out or upkeep of the park.

    In this part of his argument Mr. Cross was invoking a principle which is, in our judgment, of unchallengeable authority, expounded, in somewhat varying language, in many judicial utterances, of which the Judgments in ( Ackroyd v. Smith 10 Common Bench, page 164) are, perhaps, most commonly cited.

    Practically, the defendant is claiming the whole beneficial user of the strip of land on the south-east side of the track there; he can leave as many or as few lorries there as he likes for as long as he likes; he may enter on it by himself, his servants and agents to do repair work thereon.

    No doubt a garden is a pleasure on high authority, it is the purest of pleasures; but, in our judgment, it is not a right having no quality either of utility or benefit as those words should be understood. The right here in suit is, for reasons already given, one appurtenant to the surrounding houses as such, and constitutes a beneficial attribute of residence in a house as ordinarily understood.

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Legislation
  • Purchase of Land (Ireland) Act 1885
    • UK Non-devolved
    • 1 de Enero de 1885
    ...... interest vested in him by such order shall, subject to any charges, rights, or easement set out in the order, be deemed to be a graft upon the ...easements which the Land Commission find to affect such holding;. and in that case ......
  • Water Act 1945
    • UK Non-devolved
    • 1 de Enero de 1945
    ......from any such records and may confer rights of entry for. the purpose of exercising any of the powers aforesaid, and. ...to them, or over or in which they have acquired the. necessary easements or rights, construct and maintain drains,. sewers, watercourses, catchpits ......
  • Valuation (Ireland) Act 1852
    • UK Non-devolved
    • 1 de Enero de 1852
    ....... , all Lands, Buildings, and opened Mines; all Commons and Rights of Common, and. all other Profits to be had or received or taken out of ... Railways and Tramroads; all Rights of Way and other Rights or Easements. over Land, and the Tolls levied in respect of such Rights and Easements, ......
  • Housing Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ......inserted in the original scheme. S-45 . Extinction of rights of way and other easements. 45 Extinction of rights of way and other ......
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Books & Journal Articles
  • Enclosure, Common Right and the Property of the Poor
    • Núm. 17-3, Septiembre 2008
    • Social & Legal Studies
    Although considerable research has been conducted into the dynamics of commons in rural settings, we still know very little about common property within cities. Given the hegemony of certain models...
    ......The private property rights of Kassem Aghtai to dispose of his property as he sees fit threatens ... or even a transfer of title, as in the case of prescriptive easements, adverse possession and public rights of way. The commons, in other words, ......
  • Betterment: a taxing problem
    • Núm. 36-2, Marzo 2018
    • Journal of Property Investment & Finance
    • 217-226
    Purpose: The purpose of this paper is to review the issues involved in land value taxation and betterment and the issues involved in apportioning value between land and improvements. Design/method...
    ......Their ability to supply the land is a function of their property rights andnot the marginal cost of supply, which is zero. The price will ... to any fixed charges, publicrights of way, rights of common, easements, covenants, or restrictive agreements madebefore 1909. Contemporary ......
  • LAND LAW AND CONVEYANCING REFORMS
    • Núm. 32-5, Septiembre 1969
    • The Modern Law Review
    ...... the land )' 41 ) could be overcome: third party rights within the scheme were " liable t.0 be overridden on a con- ... Edward Wolje d Co. (supra); (c) eqpjtable easements, Class D (iii); in this field I am not clear about anything ......
  • Correspondence
    • Núm. 28-2, Marzo 1965
    • The Modern Law Review
    ...... the distinction between positive and negative easements. I did so because the distinction does not seem to assist ... time as to give rise to an apparent implied grant of rights, the owner of the benefited building can insist on the ......
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Law Firm Commentaries
  • Easements - Rights Of Way
    • Mondaq United Kingdom
  • (Brief) The Latest Residential Property Cases (2021) - Update On 89 Holland Park - LexisNexis
    • Mondaq UK
    ......landlord obligations and dealing with disputes over easements,. rights of way and professional negligence concerning property. ......
  • Easy Easements
    • Mondaq UK
    ......The deed was entitled "lease of parking rights", it referred to the landowners as "Landlord" and "Tenant" and it included various other standard lease provisions (such as a service charge and a ......
  • Easy Easements
    • JD Supra United Kingdom
    This two-part series is about four important cases that have been decided over the past year relating to the acquisition of easements. This Part 1 highlights two cases which explain key principles ...
    ......The deed was entitled “lease of parking rights”, it referred to the landowners as “Landlord” and “Tenant” and it included various other standard lease provisions (such as a service ......
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