It is possible to lose an easement by ‘abandonment’, but that will usually require a relatively long period of non-use. However, a recent case shows how a short period of non-use can result in the loss of the easement – through estoppel.

In England and Wales, the Crown has the power to grant licences to third parties to search and bore for oil (under Petroleum (Production) Act 1934). But, that licensing regime does not confer any right to access the oil – which means that the licensee will normally have to acquire the rights to the oil by privately negotiating an agreement for access with the landowner.

Two recent CA decisions on the use of rights of way to allow access to development land. Together, they show a non-restrictive approach:

Your land is subject to an easement allowing pipes and cables for utilities to run across your land. However, the electricity company will only run a supply if you agree to enter into a deed of grant with it. Are you obliged to do so?