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The editor of this section of the site is Emma Humphreys, partner at Charles Russell Speechleys
This section contains material on a number of matters relating to easements. The topics covered can be seen in the contents list on the left.
No express right on construction No implied right in contradiction In Parker v Roberts [2019] EWCA Civ 121 the Court of Appeal determined, as a matter of construction of the conveyance (applying Arnold v Britton [2015] 1 AC 1619), that a landowner, who wished to build...
Communal gardens Mulvaney v Gough [2002] EWCA Civ 1078 An easement giving a right to use a communal garden is capable of being acquired by prescription or under s62. The fact that it was not as easy to define the extent of the easement as it would have been in the...
English 