Derogation from grant—easements and other rights
Derogation from grant—easements and other rights

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Derogation from grant—easements and other rights
  • Retained land
  • Overlap with implied easements
  • Right granted for term of years
  • Exceptions

The rule against derogation from grant applies to the grant of easements and rights granted for a term of years. The principle is that someone who agrees to confer a particular benefit on another must not do anything which substantially deprives the other of the enjoyment of that benefit. That would be to ‘take away with one hand what is given with the other’.

Retained land

If a grant of land is made for a particular purpose the grantor comes under an obligation not to use the land retained