The rocky route to compensation – No. 5 Chambers

Posted July 3rd, 2019 in arbitration, compensation, easements, news by sally

‘To what extent, if any, can the payment of compensation be avoided in the case of parallel pipelines? Where there is a single pipeline laid across or under another’s land, either under a deed of easement or a lease, then it is common to include provision for the payment of compensation if it prevents the landowner, for example, from extracting mineral. It is also very common for the Mining Code to be incorporated into the deed of easement or lease, as the case may be. There are currently many infrastructure projects being developed across the country, many of which will follow this industry-standard approach to dealing with mineral resources. That approach, however, will need to be considered carefully by landowners in light of the experiences outlined below.’

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No. 5 Chambers, 28th June 2019


“Being a good sport”. Supreme Court decision – Henderson Chambers

Posted December 12th, 2018 in easements, holidays, news, sport by sally

‘“Being a good sport”: the Supreme Court considers for the first time the extent to which the right to the use of sporting facilities may be conferred by way of easement. (Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Ors [2018] UKSC 57)’

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Henderson Chambers, 15th November 2018


Supreme Court: grant of recreational rights over land can be easement –

Posted November 16th, 2018 in easements, holidays, news, sport by tracey

‘The right to free use of sporting and recreational facilities provided in a country club environment can be an easement, providing that certain conditions are met, the UK’s highest court has confirmed.’

Full Story, 15th November 2018


Can a parking right be an easement? – Tanfield Chambers

Posted November 23rd, 2017 in easements, news, parking by sally

‘Parking is a hot topic! There have been an extraordinary number of cases involving parking disputes over the last few decades, almost certainly because the absence of a right to park can substantially reduce the value of both commercial and residential land.’

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Tanfield Chambers, 10th November 2017


Starham v Greene King – Falcon Chambers

‘In 2014, Starham bought a piece of land on the Harrow Road. Most of the land was being used as a beer garden by the Masons Arms pub, owned by Greene King. Starham claimed this use was a trespass. Greene King claimed it was entitled to use the land as a beer garden by virtue of a right created by a conveyance dated 24 August 1855 which it said was an easement or a restrictive covenant.’

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Falcon Chambers, November 2017


Autumn Newsletter – Falcon Chambers

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

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Falcon Chambers, November 2017


Property Litigation Blog: The path from Figsbury Ring to Gore – Hardwicke Chambers

Posted August 22nd, 2017 in easements, news, rights of way by sally

‘Andrew Skelly, of Hardwicke Chambers, considers the courts’ approach to easements, particularly the use of rights of way where the dominant tenement owner acquires additional land.’

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Hardwicke Chambers, 14th August 2017


‘Bombastic’ pensioners could lose their home after £200,000 legal battle over shared gas meter – Daily Telegraph

Posted July 26th, 2017 in easements, news, utilities by sally

‘In elderly couple described as “troublemaking” and “bombastic” face giving up their home after losing a £200,000 legal fight to prevent neighbours accessing a shared utilities meter.’

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Daily Telegraph, 25th July 2017


Regency Villas v Diamond Resorts: “Sport is not a matter of ‘mere recreation or amusement’, it’s more important than that.” – Sports Law Bulletin from Blackstone Chambers

Posted April 7th, 2017 in easements, news, sport by tracey

‘Anyone looking for a judicial discussion of the importance of sport in modern life might not immediately think of looking in a judgment on the law of easements. But that is what the Court of Appeal has given us in Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2017] EWCA Civ 238, which concerns the grant of rights to use various sports and recreational facilities in a leisure complex.’

Full story

Sports Law Bulletin from Blackstone Chambers, 7th April 2017


Getting Noticed – Nearly Legal

Posted July 15th, 2016 in easements, landlord & tenant, news, notification, repairs by tracey

‘The case of Edwards v Kumarasamy has now seen a final decision from the Supreme Court with the Court overturning the decision of the Court of Appeal in two key areas.’

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Nearly Legal, 14th July 2016


Winterburn and another v Bennett and another – WLR Daily

Posted June 8th, 2016 in appeals, easements, law reports, parking, prescription, rights of way, tribunals by sally

Winterburn and another v Bennett and another [2016] EWCA Civ 482

‘The claimant owners of a fish and chip shop claimed as a result of use over a number of years to have acquired by prescription the right for themselves and others using their premises to park on land comprising part of a car park belonging to the defendants. The defendants’ premises, which were next to the car park, had been used as a club and users of those premises used the car park. The entrance to the car park was adjacent to the claimants’ shop. The claimants had operated the shop from about 1987 or 1988 until 2012. Throughout that time, their suppliers had up to nine times a week pulled off the road into the disputed part of the car park and parked there for long enough to make their deliveries, and their customers had parked on the disputed land while they bought their fish and chips. On the whole that use of part of the car park did not interfere with the s’ operations but over a seven-year period there were 12 to 15 occasions on which the defendants asserted ownership of the disputed land, and, expressly or impliedly, asserted that the claimants and their suppliers and customers had no right to park on it. At all times until 2007 there was a sign attached to the wall of the building on one side of the entranceway to the car park, erected on behalf of the defendants, stating “Private car park. For the use of Club patrons only. By order of the Committee”, and a similar sign in the window of the club premises. The claimants claimed that their right to park, acquired by prescription by “lost modern grant”, had been established by their 20 years’ uninterrupted user “as of right”, namely, without force, without secrecy and without permission. The First-tier Tribunal found that, although the two signs were clearly visible, they were insufficient to prevent the claimants from acquiring the claimed parking rights. The Upper Tribunal allowed the defendants’ appeal, reversing that finding.’

WLR Daily, 25th May 2016


Rights to Light: The Assessment of Damages in Lieu of an Injunction – Tanfield Chambers

Posted June 2nd, 2016 in damages, easements, injunctions, news by sally

‘An easement is appurtenant to land and not a personal right of the owner. As such, the easement can be exercised by anyone who is entitled to use the land and it can be enforced by anyone in possession of the land.’

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Tanfield Chambers, 31st May 2016


Money down the drain – Nearly Legal

Posted May 25th, 2016 in costs, easements, housing, local government, news, nuisance, waste, water by sally

‘Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts and expert opinion as they emerge over the course of the case. It is also an object example of litigation between neighbours that got completely, astonishingly, out of hand in relation to the initial objectives.’

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Nearly Legal, 25th May 2016


What is an easement and how are they created and used? – Tanfield Chambers

Posted February 24th, 2016 in easements, news by sally

‘Imagine a farmhouse landlocked on all sides by fields, half a mile from the nearest road. The farmhouse and the fields are in separate ownership. How does the owner of the farmhouse get to the road? The answer to be found in the law of easements.’

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Tanfield Chambers, 16th February 2016


Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and another – WLR Daily

Posted December 10th, 2015 in easements, law reports by sally

Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and another [2015] EWHC 3564 (Ch); [2015] WLR (D) 506

‘There was no legal impediment to a right of recreation taking effect as an easement, provided that the intention to grant an easement, as opposed to a merely personal right, was evident on the proper construction of the grant construed in the light of the material surrounding circumstances.’

WLR Daily, 7th December 2015


Unnoticed – NearlyLegal

Posted January 29th, 2015 in appeals, easements, housing, landlord & tenant, news, repairs by sally

‘Mr Edwards rented a second floor flat from Mr Kumarasamy. Mr K was the leaseholder of that flat, but did not own any other part of the property. Mr K’s lease granted him “the right to use on foot the entrance hall, lift and staircases giving access to the flat; the right to use an access road and parking space and the right to use the Bin Store (which is part of the Communal Areas as defined) and other facilities provided by the landlord. Regulations forming part of the lease in fact require all domestic rubbish to be placed in the Bin Store.”’

Full story

NearlyLegal, 28th January 2015


Rights to Light – Ancient & Modern – Hardwicke Chambers

Posted June 7th, 2012 in easements, news, planning, right to light by sally

“Easements to light are one of the oldest property rights and the principles are very entrenched. However a spate of controversial cases over recent years and general feeling of panic among developers has encouraged the Law Commission to investigate:

‘whether the law by which rights to light are acquired and enforced provides an appropriate balance between the important interests of landowners and the need to facilitate the appropriate development of land.’

This article provides a recap of the current law in relation to rights to light and touch upon some of the problems faced by developers and landowners alike.”

Full story

Hardwicke Chambers, 7th June 2012


Chaudhary v Yavuz – WLR Daily

Posted November 24th, 2011 in appeals, easements, law reports, sale of land, trusts by sally

Chaudhary v Yavuz [2011] EWCA Civ 1314; [2011] WLR (D) 336

“In the context of a sale of property, great care would be required before one could conclude that it was ‘unconscionable’ for a purchaser to deny a right whose existence he could have ascertained merely by inspecting the property.”

WLR Daily, 22nd November 2011


Easements, Covenants and Profits à Prendre – Law Commission

Posted June 8th, 2011 in covenants, easements, Law Commission, profits a prendre, reports by tracey

“In this report, we make recommendations to simplify, modernise and enhance the law of easements, covenants and profits à prendre.  These rights are essential to the effective use of land and are relied upon by a significant proportion of property owners in England and Wales.”

Full report

Law Commission, 8th June 2011


Waterman and Another v Boyle and Another – Times Law Reports

Posted March 30th, 2009 in easements, law reports, parking by sally

Waterman and Another v Boyle and Another

Court of Appeal

“An express right to park two vehicles at a property did not imply a further right to park additional vehicles.”

The Times, 30th March 2009


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