Easements: Prohibition on Extending Rights to Added Land, Ancillary Use, 'Passing Through' vs 'Alongside', and Transactional Guidance (England and Wales)
Published by a
LexisNexis Property expert
Practice notes
This Practice Note explains the very limited circumstances in which an easement can be used for the benefit of subsequently acquired land.
For broad guidance on what easements are, consult Practice Note: Easements—nature and characteristics. See also: Easements—overview. Where an easement is created expressly, the scope of the land that enjoys it (the dominant land) and the land upon which it is imposed (the servient land) must be certain at the date of the grant. The advantage conferred by an easement does not reach to any land later appended or joined to the dominant land. If an easement is asserted by prescription or long user, the limits of both dominant and servient land must be established by the evidence relied upon to found the claim. As with express grants, the benefit of a right obtained by prescription or long user cannot be stretched to cover other land. Whether granted expressly or acquired by prescription, a right of way conferred for a specified parcel must not, in substance, be used to serve a different parcel of land (Harris v Flower (1904) 74 LJ Ch 127 (not reported by LexisNexis®)). In Bracewell v Appleby, the court confirmed the legal position described above...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
