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ER Ives Investment Ltd v High [1967]


  • Both High and a third party purchased adjoining plots of unregistered land
  • High was in the process of building a house on his land, and the third party a block of flats on his
  • The foundations of the the third party’s flats trespassed on High’s land, therefore it was agreed that the trespassing would be allowed if High could have a right of access to his property over the third party’s land
  • The completed block of flats was sold twice, with the latter conveyance notifying the most recent owners, Ives, of the agreement
  • High subsequently built a garage in reliance of the fact of the mutual ‘rights of way’ agreement


  • Could Ives be granted an injunction to stop High using the right of way, as it was not recorded on the Land Charges Register under the Land Charges Act 1972?


  • No


  • Proprietary estoppel was made out following Inwards v Baker [1965], and could overrule section 4 of the Land Charges Act, which would normally defeat unregistered equitable rights of way
  • Ives could not enjoy the benefit of their trespassing without allowing High’s right of way, under the doctrine of benefit and burden; although such a finding by Lord Denning questions whether the doctrine requires formal creation or not (suggesting not) and whether the doctrine’s requirements of a linked benefit and burden and a relevant benefit and burden are truly separate requirements (suggesting so)
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