Easements—actionable interference


Published by a ³ÉÈËÓ°Òô Property Disputes expert
Practice notes

Easements—actionable interference


Published by a ³ÉÈËÓ°Òô Property Disputes expert

Practice notes
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This Practice Note covers wrongful interference with an easement as a private nuisance, what constitutes an actionable interference, alteration and deviation of rights of way, whether a beneficiary can be estopped from objecting to an interference due to acquiescence, remedies, damages and procedural guidance for bringing and defending a claim for the infringement of an easement.

Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed. For more guidance in respect of private nuisance, see Practice Note: Private nuisance—general principles.

In Gosling v Bradbury, the claimants sought a declaration that they were entitled to access to the water supply from a borehole on the defendant’s farm pursuant to a legal easement and they also sought an injunction restraining the defendants from interfering with that supply. The claimants' argued that there was an ancillary easement allowing for the passage of electricity from the farm to the pump at the borehole, which had been disconnected by the defendants thereby illegally interfering with the easement. The defendants disputed

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Private nuisance definition
What does Private nuisance mean?

The tort of interfering with the quiet enjoyment of rights over land belonging to another.

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