Easement of necessity: even if grantor does not own all of the land surrounding the dominant tenement

An easement of necessity can be implied into a conveyance when otherwise the land conveyed would be land-locked (and so useless) even if: (a) not all of the land surrounding the dominant tenement is owned by the grantor; and (b) the dominant tenement had the benefit of a permissive right of way (later withdrawn) at the time of the grant .

In Barry v Hasseldine ([1952] Ch 835) V conveyed land to P1. The land was surrounded by other land of V and of others. P1 had the benefit of a permissive right of way over a disused airfield to get to the public highway. P1 sold the land to P2. The owners of the airfield withdrew P1’s right to cross the airfield to get to the public highway. It was held that the owners of P1’s land had the benefit of an implied right of way across V’s land along a line to be chosen by V.

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