Phipps v Pears

Facts

The wall of a newly built house, at number 16 Market Street, Warwick, was very close to the adjoining one, number 14, and was not rendered to make it weatherproof. The house at number 14 was demolished, leaving the wall of number 16 exposed, and cracks appeared. The owner claimed damages for repairs on the ground that there had been a negative easement against number 16 being pulled down.

Judgment

Lord Denning MR held that there could be no new easement. To be recognised under the Law of Property Act 1925 section 62, the right has to be capable of existing as an easement.