Phipps v Pears [1965] 1 QB 76

Written By Nicolas Heyes

Court of Appeal

Basic Facts: After X’s death, C’s property was damaged due to D’s actions. C claimed an implied easement to protect against weather damage.

Issue for the Court: When is an easement capable of being granted?

Held: The court held that there is no general right to protection from the weather by a neighboring building unless an easement had been expressly granted.

Lord Denning MR held:

  • Rights to protection from weather are negative easements, which are generally not recognized.

  • Such rights unduly restrict the servient owner’s use of their land and are not recognized as easements in law.

Nicolas Heyes
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