Easements and the ‘Rule in Harris v Flower’: Gore v Naheed & Ahmed [2017] EWCA Civ 369


The Court of Appeal has handed down judgment in a case concerning rights of way over a small area of land to access residential premises. Patten LJ (supported by Lewison and Underhill LJJ) has made interesting observations about the rule in Harris v Flower; and has confirmed that it is possible for an express grant to be used to access land that did not form part of the dominant tenement as at the time of the grant. The case also deals with the ability of a Court to order general damages of its own volition, and the extent to which a failure to respond to requests for mediation impacts upon the assessment of costs.

Jonathan McNae acted for the Appellants; and Henry Webb represented the Respondent.