Q&As

Where a piece of land is purchased which has rights over an adjoining piece of land to ‘connect to service apparatus now serving or to be laid within the perpetuity period over or under the adjoining land in common with the transferee and all other persons entitled to a like right’. Does a right to connect also imply a right to use such services apparatus?

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Produced in partnership with Matthew Haynes of St Ives Chambers
Published on LexisPSL on 10/07/2017

The following Property Q&A produced in partnership with Matthew Haynes of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Where a piece of land is purchased which has rights over an adjoining piece of land to ‘connect to service apparatus now serving or to be laid within the perpetuity period over or under the adjoining land in common with the transferee and all other persons entitled to a like right’. Does a right to connect also imply a right to use such services apparatus?

For the purposes of this Q&A we have focussed on the central issue as opposed to points which may arise from the construction of a particular transfer.

The above question is concerned with the express grant of an easement whereby the dominant land has the right over the servient land to connect to both existing service apparatus or such future service apparatus which is to be laid within the perpetuity period both over or under the servient land.

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 othe

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