ER Ives v High [1967] 2 QB 379

Court of Appeal

Basic Facts: H and W agreed on rights and obligations involving trespass and access. W later sold the land to ER, who disputed the right of way.

Issue for the Court: When can an easement be acquired?

Held: The court ruled that where there is reliance on a representation, an equitable easement may arise under proprietary estoppel.

Lord Denning MR

• An equitable right of way arises if there is mutual benefit and burden.

• Equity through acquiescence gives rise to rights when there is a reasonable expectation of continuation, which cannot be disturbed inequitable.