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.
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get StartedThese product samples contain the same concepts we cover in this case.
Land Law | Easements Notes (48 pages) |
Land Law | Licences And Proprietary Estoppel Notes (13 pages) |