Shoosmiths

Have you lost your way? Easements and abandonment

By Cara Beveridge

If you stop using a right of way over adjoining land for a long period of time, then surely the easement must become obsolete and abandoned?

The answer is no — non-use even for very many years is unlikely to be treated as abandonment.

For an easement to be abandoned, the person with the right must show a fixed intention that they will never assert the right to the easement at any time in the future. Failing to use it is not enough…

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Briefings from Shoosmiths

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Analysis from The Lawyer

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Overview

2 Colmore Square
38 Colmore Circus Queensway
Birmingham
B4 6BJ
UK
http://www.shoosmiths.co.uk