Q&As

Do you know of authority for the proposition that the use of an easement/right of way should be determined from the time the easement was granted? What is the position where a landowner owns a car park over which a neighbour claims rights of access under an ancient deed, before cars were in common use.

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Published on LexisPSL on 18/12/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Do you know of authority for the proposition that the use of an easement/right of way should be determined from the time the easement was granted? What is the position where a landowner owns a car park over which a neighbour claims rights of access under an ancient deed, before cars were in common use.

This Q&A assumes that the easement as originally drafted does not refer to cars, but the owner of the dominant land wishes to use the right of way for cars.

The extent of an expressly granted easement depends on the interpretation of the deed granting the easement, in its entirety, and in its context. Unless clearly directed otherwise, the court will construe the grant in favour of the grantee or owner of the dominant land. You may find the Practice Note: Easements—use and extent helpful as it discusses a number of different cases which may be relevant to the factual scenario here.

By way of example (which may be relevant here, depending on the wording of the easement and what the o

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