You are here

Update: residential property

Janet Armstrong-Fox bids farewell to HIPS and reviews the risk of losing the benefit of an easement, the new Consumer Code for Home Builders, developer delays and the rights of joint tenants

22 June 2010

How to lose an easement without even trying…

Earlier this year, the judgment in Lester v Woodgate [2010] EWCA Civ 199 emphasised how acquiescence of quite short duration can give rise to an estoppel, leaving a dominant owner with no right to complain of an interference with their easement.

In 1988, a right of way on foot and with wheelbarrows over a pathway on the neighbour’s property had been granted by deed. By 1999, the land over which the right of way had been granted had been converted into a parking area. The adjoining owner with the benefit of the right of way did not object, and took no steps to prevent his neighbour carrying out the works or from using the parking area. Both properties were then sold.

The new owner of the dominant land sought an injunction to reinstate the pathway and prevent parking, and also claimed damages for having been deprived of the use of the right of way. The servient owner, who had bought the...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.