- A ‘fencing easement’ can be created by express grant (Churston Golf Club v Haddock)
- What are the practical implications of this case?
- What were the facts of the case?
- What were the issues involved?
- What is the law in this area?
- What was the adjoining owner’s argument?
- What did the court decide on this point of principle?
- What about the language used?
- How did the court reconcile the decision in Austerberry?
- Did the clause in fact created a fencing easement?
- Case details
Property analysis: The court confirmed that a fencing easement can be created by express grant. Moreover, if a particular clause (as here) is construed as a grant of a fencing easement, rather than a covenant to fence, then the rule that a positive covenant does not run with the land is not engaged.
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