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ER Ives v High

[1967] 2 QB 379

Case summary last updated at 08/01/2020 18:15 by the Oxbridge Notes in-house law team.

Judgement for the case ER Ives v High

W allowed H access to his back garden & to build a garage there, in return for which H didn’t complain when W’s foundations encroached on H’s land. However no deed was executed/land charge registered. Winn LJ (alone) approached the issue on the basis that W’s representations to H, coupled with H’s detriment from incurring expenses in building the garage etc amounted to proprietary estoppel, the equity arising from which would enable the court to grant an easement. 

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