Construction of rights ancillary to an easement | Practical Law

Construction of rights ancillary to an easement | Practical Law

Martin v Childs, 19 February, 2002 (Court of Appeal).

Construction of rights ancillary to an easement

Practical Law UK Legal Update 6-101-6827 (Approx. 3 pages)

Construction of rights ancillary to an easement

Law stated as at 06 Mar 2002England, Wales
Martin v Childs, 19 February, 2002 (Court of Appeal).
The exact scope of an easement can often have important practical and commercial consequences and this case highlights the care needed when drafting new, and considering existing easements. The easement in this case was a right to use conduits and an ancillary right of entry for specified purposes. The claimant could not use the ancillary right to extend the scope of the main right.