Rees v Skerrett [2001] 1 WLR 1541

Written By Nicolas Heyes

Court of Appeal

Basic Facts: D’s demolition work exposed C’s house wall, and D failed to protect it adequately. C sued D for failing to shore up and weatherproof the wall.

Issue for the Court: What is an easement?

Held: The court upheld a claim based on proprietary estoppel where the promisee had detrimentally relied on the landowner's assurances.

(Lloyd J):

  • Easements include both positive and negative rights. The right to be protected from weather is neither, but an easement of support (a negative easement) requires the servient tenement to not withdraw support or remove it without providing equivalent support.

Nicolas Heyes
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