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If you think of a property as a PC, then easements are the software. Without rights of access, and rights to connect utilities, etc., the property simply can’t be used. For this reason, although it is an ancient and well-trodden area of law, new cases continue to emerge to develop and challenge our understanding, and to accommodate the changing uses of land as society develops.
Recent cases have considered: the nature of a right to park a car (whether easement, licence, or a right in the nature of a lease); whether rights to use recreational facilities such as a swimming pool can be considered to be easements; how acquisition of prescriptive easements may be prevented by notices; and what must be proved to establish a prescriptive easement. There have also been developments in identifying what amounts to actionable interference, and available remedies.
Cases considered in the webinar will include:
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