The Consequences of Excessive and Changing Use of Easements
- Podcast Location:
- Download it here [file size: 18.8 MB]
- Categories:
-
Residential Property
- CPD Points:
- Up to 1 point. details »
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast aims to give the listener an overview of how easements are affected by changes both to the use of the land, and the nature of the right. This podcast attempts to illustrate such an explanation through the plentiful use of case-law, and therefore provides the listener with a very practical approach to these issues. Further, this podcast aims to inform the listener about the circumstances in which easements may be lost through such changes of use.
- Outcomes:
- After completing the course you will:
- Have an understanding of the types of changes which might affect easements;
- Understand how changes to the nature of the land and changes to the nature of the right differ;
- Be aware of the impact of how an easement was created on how it is affected by changes;
- Be aware of case-law to illustrate the impact of such changes;
- Have knowledge of the differences in different types of easements.
- Level:
- Complex
- Classification:
-
Case Update
Legal Principles
- Sources and References:
-
- Prescription Act 1832;
- Law of Property Act 1925;
- Wheeldon v Burrows [1879] 12 Ch D 31;
- Jones v Pritchard [1908] 1 Ch D 630;
- Williams v James (1867) LR 2 CP 577;
- William Old International Ltd v Arya [2009] EWHC 599;
- Keefe v Amor [1965] 1 QB 334;
- Bulstrode v Lambert [1953] 1 WLR 1064;
- Trailfinders Ltd v Razuki [1988] 2 EGLR 46;
- Taylor v British Legal Life Assurance Co, Ltd [1925] All ER Rep 572;
- Wimbledon and Putney Commons Conservators v Dixon [1875] 1 Ch D 362;
- British Railways Board v Glass [1965] Ch D 538;
- Giles v. County Building Contractors (Hertford) Ltd (1971) 22 P & CR 978;
- Jelbert v Davis [1968] 1 WLR 589;
- Kain v Norfolk [1949] Ch 163;
- Cargill v Gotts [1981] 1 WLR 441;
- Atwood v Bovis Homes Ltd [2001] Ch D 379;
- McAdams Homes Ltd v Robinson [2004] EWCA Civ 214;
- Moore v Rawson (1824), 3 B. & C. 332;
- Ecclesiastical Comrs for England v. Kino (1880) 14 Ch D 213;
- Luttrel's Case 1601;
- Crossley & Sons Ltd v Lightowler (1867) LR 2 Ch App 478;
- Graham v Philcox [1984] QB 747;
- National Guaranteed Manure Co v Donald (1859) 4 H & N 8;
- CDC2020 plc v George Ferreira [2005] EWCA Civ 611.
This podcast considers the problems faced by dominant tenement and servient tenement owners of easements when the nature of the use of the land and the rights upon it change. This podcast therefore considers questions of how robust easements are, and what the consequences of these changes will be on the easement itself. Further, the podcast discusses differences between different types of easements such as rights of drainage and rights of way.
Podcast added: 12/10/2009
