Property Notepad - May 2009

4. Easements – Can the landowner be compelled to sign a deed?

A recent court decision has highlighted the importance of ensuring that the obligations of the grantor of an easement are set out clearly in the Deed of Grant. 

In William Old International v Arya (2009), a developer with an easement to lay services across third party land sought to compel the third party land owner to sign a Deed of Grant in favour of a utility company.  The developer claimed an implied obligation for the landowner to sign the deed, and alleged that failure to do so amounted to “derogation from grant”, i.e. doing an act detrimental to the existence of the easement

The court disagreed and the developer failed.  In the absence of an express obligation, the landowner could not be required to grant rights to another party and no such obligation could be implied.

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