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A ‘fencing easement’ can be created by express grant (Churston Golf Club v Haddock)

A ‘fencing easement’ can be created by express grant (Churston Golf Club v Haddock)
Published on: 28 February 2018
Published by: LexisPSL
  • 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?
  • More...

Article summary

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. or take a trial to read the full analysis.

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