The courts are reluctant to recognise new negative easements. In [case], a new type of easement, a right to protection from the weather, was claimed by analogy with an easement of support. Lord Denning MR rejected the claim on the basis that recognising new negative easements would unduly restrict the servient owner’s use and desirable development of their own land.
Answer
Phipps v Pears [1965] 1 QB 76
Tags
#easements #land #law
Question
The courts are reluctant to recognise new negative easements. In [case], a new type of easement, a right to protection from the weather, was claimed by analogy with an easement of support. Lord Denning MR rejected the claim on the basis that recognising new negative easements would unduly restrict the servient owner’s use and desirable development of their own land.
Answer
?
Tags
#easements #land #law
Question
The courts are reluctant to recognise new negative easements. In [case], a new type of easement, a right to protection from the weather, was claimed by analogy with an easement of support. Lord Denning MR rejected the claim on the basis that recognising new negative easements would unduly restrict the servient owner’s use and desirable development of their own land.
Answer
Phipps v Pears [1965] 1 QB 76
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Open it The courts are reluctant to recognise new negative easements. In Phipps v Pears [1965] 1 QB 76, a new type of easement, a right to protection from the weather, was claimed by analogy with an easement of support. Lord Denning MR rejected the claim on the basis that recog
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