Easements and non-derogation from grant | Practical Law

Easements and non-derogation from grant | Practical Law

An update on William Old International Limited v Arya [2009] EWHC 599 (Ch) and whether the principle of non-derogation from grant of an easement obliged a grantor's successor in title to execute a deed in favour of a statutory undertaker.

Easements and non-derogation from grant

Practical Law UK Legal Update 2-386-0430 (Approx. 5 pages)

Easements and non-derogation from grant

by PLC Property
Published on 05 May 2009England, Wales
An update on William Old International Limited v Arya [2009] EWHC 599 (Ch) and whether the principle of non-derogation from grant of an easement obliged a grantor's successor in title to execute a deed in favour of a statutory undertaker.
Note added (01.09.17): In Practical Law Property's view, the judge's comment in this case that any right ancillary to an express easement must itself be capable of being an easement, is obiter. For more information, see Ask, Is it correct that any right ancillary to an easement must itself be capable of being an easement? .