Golf course defeats farmer in covenant/easement court battle

A golf club in Devon has won a lawsuit brought against it by a farmer who claimed the club was obliged to maintain a fence between their properties. The case, in which the Court of Appeal gave judgment this week, centres on whether a clause in a conveyancing contract is a covenant or an easement. And, according to the judges hearing it, it has the potential to be of real legal importance, as the court may need to decide whether an easement can be created “by express grant”, a question that has not yet been considered by Court of Appeal
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