Land Law Essay HelpWatch
John and Grace were the freehold proprietors of adjoining houses at numbers 27 and 29 Acacia Avenue respectively. The two neighbours always got on well and lived in their respective houses for over 25 years. Many years ago, John executed a deed which granted a ‘right of way on foot only’ to Grace along a two-metre-wide strip of the end of John’s garden to enable Grace to gain access to her allotment which is at the other side of and behind John’s land. John has always parked his car beside the gable end of Grace’s house on a piece of open land which falls within Grace’s ownership. There has never been any formal arrangement about car parking, but this is something that John has always done, and Grace has never raised any objection. Grace recently sold her property to Bill and Janice. There was no mention in the conveyancing documents about either the right of way over John’s land or the parking of vehicle at the side of Grace’s property.
Advise John of the legal position in the following circumstances:
- (a) Bill objects to John parking his car at the side of what is now Bill and Janice’s property. Bill has threatened to either clamp John’s car or have it towed away if he parks it there again
- (b) Bill and Janice own a car each and Bill has started to park his car on the two-metre-wide strip across the end of John’s garden.
. (c) Bill and Janice have built a high wooden fence between numbers 27 and 29, on Bill and Janice’s side of the boundary, which is blocking the light to John’s kitchen
I know it is about easements but not much more than that.
Although land law never was my strong point.
Isn't there something about the difference between a written easement and an easement granted through habit?