Easement implied by common intention of the parties

By Chris Dolan

The Court of Appeal has held that the owner of a building plot should be granted an implied easement by common intention to lay mains utilities in the seller’s adjoining land to connect to the mains in the public highway.

The case of Donovan and another v Rana and another [2014] concerned the sale of a residential building plot at auction, with the seller granting an express right of way over part of her adjoining land (the blue land). The right of way was granted ‘for all purposes connected with the use and enjoyment of the property but not for any other purpose’.

The auction particulars and transfer between them also provided that the building plot was ‘a super individual building plot situated in a pleasant residential area… where building plots are extremely rare’…

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