In a recent appeal hearing, the court examined the extent of prescriptive easements, specifically focusing on the right of repair and improvement.
The case of Mark Leonard Lamport and others v Stanley Thomas Jones [2023] EWHC highlights a key point of principle concerning the rights of parties involved in such easements.
The easement in question was a right of way over a path located at the southern boundary of the Defendant's property. The court confirmed that the Claimants had the right to repair any damage obstructing the path, ensuring its proper use and functionality in accordance with the easement.
However, the court rejected the Claimants' argument that their right extended to improving the path. An improvement refers to altering or upgrading the easement beyond its current state to enhance its quality or make it more suitable for their purposes. The court considered that a right to upgrade the path would typically require specific wording, for example, set out in a deed. In this case, the Claimants' right to use the path had been established over time through usage and custom, rather than through an express grant.
The court also confirmed the Claimants' right extended to carrying out repairs to the embankments alongside the path if they became damaged so as to obstruct the right of way, dismissing the Defendant's argument that the Claimants should only be allowed to remove obstacles.
This ruling provides useful clarification of the extent of rights under prescriptive easements and the distinction between repairing damage and making improvements.