Easements: interference and remedies

by Practical Law Property

A note that examines the common law principles determining what constitutes actionable interference with an easement. This practice note explains that such interference gives rise to a claim in private nuisance and must be of a substantial nature to be actionable. It considers key case law on what amounts to substantial interference, particularly in common scenarios involving private rights of way, such as the erection of gates, the use of locks, and parking obstructions. This note also considers the effect of redevelopment clauses, which are often found in leases. Furthermore, this practice note outlines the statutory powers available to local authorities to override easements under the Housing and Planning Act 2016 (HPA 2016). Finally, this note provides an overview of the remedies available to a dominant owner, such as declarations, injunctions, damages, and the self-help remedy of abatement.