Can a right to emit sound waves across another person’s land constitute an easement and can it be acquired by prescription?
By Cassandra Cartwright
Strange as it may seem, the emission of noise — even intermittently and at differing volumes — can be acquired as a property right. If those emissions constitute a nuisance, but the noise continues unchallenged for 20 years or more, an easement to make that noise will be acquired by prescription. This means it will no longer be open to challenge, at least not as a matter of private land law between landowners. The existence of planning permission in relation to the activity that causes the nuisance can be taken into account by the court when considering the character of the locality in which the aggrieved owner and defendant have their properties.
A brief outline of how an easement can be acquired by prescription (long use) was included in an article in our July/August 2013 alert, albeit in the context of a right to park. A prescriptive easement can arise in three ways: under the Prescription Act 1832, the doctrine of lost modern grant or the archaic and little-used common law rule of prescription that deems there to have been continuous use since 1189. The case of Coventry and others v Lawrence and another involved a claim under the Prescription Act 1832…
Click on the link below to read the rest of the Wragge & Co briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
The potential issues and planning considerations.
£27m award for delays to generic capsules launch is upheld.