Our experience and expertise extends to all aspects of the law of easements and profits à prendre and includes all forms of dispute resolution, dispute avoidance and advisory work in this area. We act for a wide range of parties from private individuals engaged in rights of way disputes to the largest property developers or owner-occupiers.
Landmark provides strength in depth on all aspects of the law relating to easements and profits à prendre, including: the acquisition of easements by grant, prescription and under the Law of Property Act 1925; the registration of easements and profits; the interaction between easements, profits and land held for public purposes; the enforcement of easements and profits, including the restraint of interference with easements and profits; the restraint of excessive use of easements and profits; and the abandonment of easements and profits. Landmark also offers niche expertise in the associated customary rights for verderers and in respect of statutory and customary markets.
In the related area of mines and minerals, we are involved in all aspects of mining and minerals extraction, from the construction of rights and reservations to extract minerals, claims for rents or overage based upon mineral extraction, mine ownership disputes, claims arising from trespass to mineral titles, including the calculation of release fee damages, and claims arising from subsidence. We act for institutions with significant mineral ownership, mineral extraction companies and those affected by subsurface titles.
Landmark’s barristers have been involved in many high-profile cases in this area including:
- TW Logistics Ltd v Essex County Council  EWCA Civ 2172
- Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd  UKSC 57
- Lynn Shellfish v Loose  UKSC 14
- Manchester Ship Canal Co Ltd v United Utilities Water Ltd  11 WLUK 672
- Dickinson v Cassillas  EWCA Civ 1254
- Pall Mall 3 Ltd v Network Rail & Anor
 EWHC 1835
- Starham Ltd v Greene King Pubs Ltd  9 WLUK 422
- Barton v Church Commissioners for England  EWHC 3091.