An easement by estoppel?
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Accepted Version
Date
2013-02
Authors
Mee, John
Journal Title
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Volume Title
Publisher
Sweet & Maxwell
Published Version
Abstract
Discusses the Court of Appeal judgment in Joyce v Epsom and Ewell BC on whether the successor in title to a homeowner who, as a condition of him withdrawing his objection to the construction of supermarket, had been allowed a right of way over a driveway to a service road behind his property, could establish the existence of an easement by way of proprietary estoppel. Considers the relevance of the local authority's awareness that it had induced the owner into believing he enjoyed a right of access. Assesses whether the authority's denial of the claimant's entitlement was unconscionable.
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Keywords
Access , Knowledge , Local authorities' powers and duties , Proprietary estoppel , Rights of way , Roads , Unconscionability
Citation
Mee, J. (2013) 'An easement by estoppel?', The Conveyancer and Property Lawyer, 77(1), pp. 156-164.
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Copyright
© 2013, Sweet & Maxwell, part of Thomson Reuters. This is a pre-copyedited, author-produced version of an article accepted for publication in The Conveyancer and Property Lawyer following peer review. The definitive published version [Mee, J. (2013) 'An easement by estoppel?', The Conveyancer and Property Lawyer, 77(1), pp. 156-164] is available online on Westlaw UK.