Easements

Did proprietary estoppel extinguish a right of way?

  • PP 2019/103
A legal easement is a proprietary right that permanently binds the land over which it is exercised. There is no statutory jurisdiction to discharge or modify easements. Consequently, easements subsist until they are released, abandoned or extinguished in some other way. Pezaro v Bourne [2019] EWHC 1964 (Ch) concerned a right of way over two residential properties in New Street, Andover. The properties, No 149 and No 151, were in separate ownership until No 149 went on the market and was bought by the owners of No 151, who then acquired sufficient land from the owner of No 147 (which
Practice point