- Cited — Churston Golf Club Ltd v Haddock 2019-04-03
“…, 279) as a spurious easement, can arise by prescription or lost modern grant: "in theory, it is capable of being created by covenant or grant": Jones v. Price [1965] 2 Q.B. 618, 639, per Diplock L.J. True, its positive character (hence Gale's epithet "spurious") creates difficulties (see Austerberry v. Oldham Corporation (1885) 29 Ch.…”
- Cited — Churston Golf Club Ltd v Haddock 2019-04-03
“…, 279) as a spurious easement, can arise by prescription or lost modern grant: "in theory, it is capable of being created by covenant or grant": Jones v. Price [1965] 2 Q.B. 618, 639, per Diplock L.J. True, its positive character (hence Gale's epithet "spurious") creates difficulties (see Austerberry v. Oldham Corporation (1885) 29 Ch.…”
- Doubted — Churston Golf Club Ltd v Haddock 2019-04-03
“…f we put aside these questions of theory and turn to the practice of the courts, there seems to be little doubt that fencing is an easement." In Jones v. Price [1965] 2 Q.B. 618, 633, Willmer L.J. said: "It is clear that a right to require the owner of adjoining land to keep the boundary fence in repair is a right which the law will re…”