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  4. Easements

Easements

This section deals with the essential characteristics of easements and how they are acquired or extinguished. Matters that arise that can alter an easement and access for repairs. Typical rights may include:

  • rights of way;
  • rights of drainage and water;
  • rights of support and protection;
  • rights to light and air; and
  • statutory rights.

There are remedies for interference with easements and telecommunications are also covered.

This section is maintained by Carl Calvert of Calvert Consulting.

Related content

Case: Colls v Home and Colonial Stores

Case: Jones v Cleanthi

Case: Kennerley v Beech and another

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  • Definition of an easement
  • Essential characteristics of an easement
  • Acquisition

    +

    • Acquisition
    • Express grant
    • Implied grant
    • Acquisition by prescription
    • Acquisition by estoppel
    • Acquisition by statute
  • Extinguishment

    +

    • Express release
    • Implied release
    • Extinguishment by statute
    • Extinguishment by operation of law
  • Matters affecting the grant

    +

    • Alterations in the extent or mode of user
    • Alterations to the route of a right
    • Access for repairs and liability to repair
  • Rights of way

    +

    • Rights of way created by prescription
    • Right of way to dominant tenement only
    • Other matters affecting rights of way
  • Interference with easements

    +

    • Interference with easements
    • Examples of actionable and non-actionable interferences
  • Remedies

    +

    • Remedies
    • Interim injunctions
    • Damages
    • Easements and ancillary rights
  • Water and drainage

    +

    • Drainage
    • Water rights
    • Support
  • Rights to light and air

    +

    • Introduction
    • Light
    • Air
  • Statutory rights

    +

    • Easements and adverse possession under the Land Registration Act 2002
    • Protection of easements
    • The Party Wall etc. Act 1996
    • Access to Neighbouring Land Act 1992
    • Prescription Act 1832
  • Public rights of way

    +

    • Public rights of way
    • Creation of public rights of way
    • Extinguishment and re-routing of public rights of way
  • Telecommunications

    +

    • Telecommunications
    • How rights may be acquired and challenged
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