Fencing Easements, their true Character and how they Arise; Churston Golf Club Ltd v Haddock

Andrew Cash

Fencing Easements, their true Character and how they Arise; Churston Golf Club Ltd v Haddock

Research output: Contribution to journal › Article › peer-review

Abstract

Comments on Churston Golf Club Ltd v Haddock (CA) on whether a covenant between landowners for the maintenance of a boundary fence took effect as a fencing easement capable of binding successors in title. Discusses the facts of Churston, the court's review of relevant authorities, whether fencing easements are sui generis, and the case's implications, including the extent to which it allows scope for creating fencing easements by express grant.

Original language	English
Pages (from-to)	300-309
Number of pages	10
Journal	The Conveyancer and Property Lawyer
Volume	2019
Issue number	3
Publication status	Published - 26 Sept 2019

Access to Document

Fencing_Easements_Article_18.6.19_REV_v2_ (1)Accepted author manuscript, 481 KBLicence: CC BY-NC

Cite this

@article{e8469d3f33ec461c95f18ec14519df10,

title = "Fencing Easements, their true Character and how they Arise; Churston Golf Club Ltd v Haddock",

abstract = "Comments on Churston Golf Club Ltd v Haddock (CA) on whether a covenant between landowners for the maintenance of a boundary fence took effect as a fencing easement capable of binding successors in title. Discusses the facts of Churston, the court's review of relevant authorities, whether fencing easements are sui generis, and the case's implications, including the extent to which it allows scope for creating fencing easements by express grant.",

keywords = "Legal analysis, Conveyances, Easements, Express grant, Fences, Covenants",

author = "Andrew Cash",

year = "2019",

month = sep,

day = "26",

language = "English",

volume = "2019",

pages = "300--309",

journal = "The Conveyancer and Property Lawyer",

issn = "0010-8200",

publisher = "Sweet and Maxwell Ltd.",

number = "3",

}

TY - JOUR

T1 - Fencing Easements, their true Character and how they Arise; Churston Golf Club Ltd v Haddock

AU - Cash, Andrew

PY - 2019/9/26

Y1 - 2019/9/26

N2 - Comments on Churston Golf Club Ltd v Haddock (CA) on whether a covenant between landowners for the maintenance of a boundary fence took effect as a fencing easement capable of binding successors in title. Discusses the facts of Churston, the court's review of relevant authorities, whether fencing easements are sui generis, and the case's implications, including the extent to which it allows scope for creating fencing easements by express grant.

AB - Comments on Churston Golf Club Ltd v Haddock (CA) on whether a covenant between landowners for the maintenance of a boundary fence took effect as a fencing easement capable of binding successors in title. Discusses the facts of Churston, the court's review of relevant authorities, whether fencing easements are sui generis, and the case's implications, including the extent to which it allows scope for creating fencing easements by express grant.

KW - Legal analysis

KW - Conveyances

KW - Easements

KW - Express grant

KW - Fences

KW - Covenants

UR - https://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=6598&recordid=333

M3 - Article

SN - 0010-8200

VL - 2019

SP - 300

EP - 309

JO - The Conveyancer and Property Lawyer

JF - The Conveyancer and Property Lawyer

IS - 3

ER -

Fencing Easements, their true Character and how they Arise; Churston Golf Club Ltd v Haddock

Abstract

Access to Document

Other files and links

Fingerprint

Cite this