Easements and Rights of Way in UK Law

  • William Sindall Plc v Cambridgeshire County Council
    • Court of Appeal (Civil Division)
    • 21 May 1993
    ... ... 30 Undisclosed defects in title such as easements are a common hazard in conveyancing and the transaction traditionally ... vendor to affect the property, the property is sold subject to any rights of way and water, rights of common and other rights, easements, ... ...
  • 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 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 ... ...
  • 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 ... ...
  • Miller v Emcer Products Ltd
    • Court of Appeal
    ... ... , but this in greater or less degree is a common feature of many easements (for example, rights of way) and does not amount to such an ouster of the ... ...
  • 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 ... ...
  • 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 ... ...
  • Mills and Another v Silver and Others
    • Court of Appeal (Civil Division)
    • 06 July 1990
    ... ... recent decisions of this court dealing with claims to prescriptive rights, since the decision in Alfred E. Beckett Ltd. v. Lyons [1967] Ch.449 ... That Act fixes periods for the acquisition of easements, but, except in regard to the particular easement of light or in regard to ... ...
  • 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, ... ...
  • See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT