The grant of an easement ordinarily carries with it the grant of such ancillary rights as are reasonably necessary to its exercise or enjoyment. However the grant of a right of way over a driveway cannot place on the servient owner the obligation to keep the driveway in repair.
References: [1908] 1 Ch 630
Judges: Parker J
Jurisdiction: England and Wales
This case is cited by:
- Cited – Gardner and Gardner v Davis and others CA 15-Jul-1998
Three properties were dependent upon drainage through the plaintiff’s land. The soakaway system would not support increased usage. The appellant challenged an order denying an easement.
Held: The drainage easement was to be read according to . .
(Gazette 22-Jul-98, , [1998] EWCA Civ 1213) - Cited – Westminster (Duke of) and others v Guild CA 30-Mar-1983
The landlord brought an action for non-payment of rent. The tenant sought to set off a failure by the landlord to repair the building of which his flat was part and which failure had caused him loss. The landlord said that it had no express duty to . .
(, [1983] EWCA Civ 1, [1984] 3 WLR 630, [1985] 1 QB 688, [1983] 48 PandCR 42, [1983] 267 EG 762, [1984] 3 All ER 144) - Cited – Moncrieff and Another v Jamieson and others HL 17-Oct-2007
The parties disputed whether a right of way over a road included an implied right for the dominant owner to park on the servient tenement.
Held: The appeal failed. ‘The question is whether the ancillary right is necessary for the comfortable . .
(, [2007] UKHL 42, [2007] 1 WLR 2620) - Cited – Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Another CA 4-Apr-2017
Can a recreational purpose underlie an easement
The court considered the validity of easements of recreational facilities.
Held: Sir Geoffrey Vos said: ‘the requirement that an easement must be a ‘right of utility and benefit’ is the crucial requirement. The essence of an easement is to . .
(, [2017] EWCA Civ 238)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.185407