Axis West Developments Ltd v Chartwell Land Investments Ltd: HL 15 Dec 1998

(Scotland) A had granted to C an heritable and irredeemable servitude right to install services under land. A objected to the installation of a particular pipe, and sought damages to the cost of a grant of similar rights. All conditions restricting the use of land must be very clearly expressed, the presumption being always for freedom. Here the clause was sufficiently clear, and the easement was granted. Appeal dismissed.


Lord Slynn of Hadley Lord Hope of Craighead Lord Clyde Lord Hobhouse of Wood-borough Lord Millett


[1998] UKHL 48


House of Lords, Bailii


England and Wales


CitedAnderson v Dickie HL 22-Apr-1915
S. feued a piece of his ground to M., the feucontract containing this clause-‘Declaring . . that it shall not be lawful to the said S. or his aforesaids or the other disponees to sell or feu any part of the said ground now occupied as the lawn . .
Lists of cited by and citing cases may be incomplete.

Scotland, Land

Updated: 31 May 2022; Ref: scu.158979