Easements and Rights of Way in UK Law
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Re Ellenborough Park; Re Davies, deceased; Powell v Maddison
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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.
It is virtually a claim to possession of the servient tenement, if necessary to the exclusion 'of the owner; or, at any rate, to a joint user, and no authority has been cited to me which would justify the conclusion that a right of this wide and undefined nature can be the proper subject-matter of an easement.
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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Mission and Pastoral Measure 2011
... ... written representations with respect to the draft scheme of their rights, on obtaining the leave of the Judicial Committee of the Privy Council, to ... , disposal and vesting of property, rights of way and other easements, the removal of the legal effects of consecration and the imposing of ... ...
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Housing Act 1925
... ... inserted in the original scheme ... Extinction of rights of way and other easements. 45 Extinction of rights of way and other ... ...
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Settled Land Act 1925
... ... 8: Mode and costs of conveyance, and saving of rights of personal representatives and equitable chargees ... (1) A conveyance ... rights of way, rights of water and drainage, and other powers, easements, rights, and privileges for or incident to or connected with mining ... ...
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Land Registration Act 1925
... ... 4 para. 18(2) ... 49: Rules to provide for notices of other rights, interests and claims ... 1(1), Sch. 4 para. 18(2) ... 108: Acquisition of easements and other benefits ... ...
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Foreword
... ... land law or planning law, or comparatively narrow topics such as easements or planning gain. In this book, William Webster and Robert Weatherley have ... those who own or occupy land, of those with concerns about, or with rights over, other people’s land, and of their respective advisers. In ... ...
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Preface
...This book comprises separate sections dealing with easements, village greens, public rights of way, restrictive covenants, assets of ... ...
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Index
... ... Abandonment easements and profits 52–53 highways not subject to 142, 195n1 ... Abatement, f nuisance 35, 53, 194 Access to adjoining land, for repairs rights" ancillary to easements 6, 7, 31– ... 32, 38, 48 statutory schemes 40\xE2\x80" ... ...
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Preliminary Sections
... ... All rights reserved. No part of this book may be reproduced, stored in a retrieval ... land law or planning law, or comparatively narrow topics such as easements or planning gain. In this book, William Webster and Robert Weatherley have ... ...
- Easements - Rights Of Way
- 'A Practical Guide To Easements, Restrictive Covenants And Rights Of Way' By Priya Gopal
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(Brief) The Latest Residential Property Cases (2021) - Update On 89 Holland Park - LexisNexis
... ... landlord obligations and dealing with disputes over easements, ... rights of way and professional negligence concerning property ... ...
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Easy Easements
... ... 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 ... ...