Easements and Rights of Way in UK Law

  • R v Oxfordshire County Council, ex parte Sunningwell Parish Council
    • House of Lords
    • 24 June 1999
    ... ... It is unclear what rights, if any, registration would confer upon the villagers. The Act is silent ... of incorporeal hereditaments such as rights of way and other easements. In such cases, however, the period was being used for a different ... ...
  • Re Ellenborough Park; Re Davies, deceased; Powell v Maddison
    • Court of Appeal
    • 15 November 1955
    ... ... the purposes of the proceedings "all persons claiming to have any rights of user of the … property known as Ellenborough Park as a private open ... for us to consider carefully thequalities and characteristics of easements, and for such purpose to look back into the history of that category of ... ...
  • R v Sunderland City Council, ex parte Beresford
    • House of Lords
    • 13 November 2003
    ... ... 1965 Act, before its amendment by section 98 of the Countryside and Rights of Way Act 2000, the expression "town or village green" means (for present ... , nec clam, nec precario', phraseology borrowed from the law of easements … "(per Scott LJ in Jones v Bates [1938] 2 All ER 237 , 245 cited by ... ...
  • Moncrieff v Jamieson and Others
    • House of Lords
    • 17 October 2007
    ... ... So among the rights conveyed by the disposition, to be enjoyed together with the lands on ... case raising some very basic questions about the nature of easements/servitudes - and there seems to me no difference relevant to any issue ... ...
  • Wheeler v JJ Saunders Ltd
    • Court of Appeal (Civil Division)
    • 19 December 1995
    ... ... of a grant you may imply a grant of such continuous and apparent easements or such easements as are necessary to the reasonable enjoyment of the ... Paliament is sovereign and can abolish or limit the civil rights of individuals. As Sir John May put it in the course of argument, ... ...
  • Hunter v Canary Wharf Ltd
    • House of Lords
    • 24 April 1997
    ... ... falls within the law of property, in which competing property rights have to be reconciled with each other. In English law liability falls, for ... is a tort against land, including interests in land such as easements and profits. A plaintiff must therefore have an interest in the land ... ...
  • Liverpool City Council v Irwin
    • House of Lords
    • 31 March 1976
    ... ... 11 But are these easements to be accompanied by any obligation upon the landlord, and what ... or offices to a number of different tenants giving all of them rights to use the staircases, corridors and lifts there is to be implied, in the ... ...
  • Shiloh Spinners Ltd v Harding (A.P.).
    • House of Lords
    • 21 March 1973
    ... ... an instrument; (e) Rights of entry exercisable over or in respect of a legal term of years absolute, ... , in section 1 of the Law of Property Act to mention both easements, rights or privileges and the particular rights of entry described in ... ...
  • Kent and Another v Kavanagh and Another
    • Court of Appeal (Civil Division)
    • 02 March 2006
    ... ... raises questions of some general importance in relation to the rights inter se of owners of neighbouring properties, formerly let under building ... ways, ... liberties, privileges, easements rights and advantages whatsoever, appertaining or reputed to appertain to ... ...
  • Lawrence (Katherine) and Another v Fen Tigers Ltd & others (No 1)
    • Supreme Court
    • 26 February 2014
    ... ... user of land as interferes with the enjoyment by the plaintiff of rights in land", quoting from Newark, The Boundaries of Nuisance (1949) 65 ... to emit noise in relatively conventional terms in the context of easements, namely as "the right to transmit sound waves over" the servient land ... ...
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