Guest v Guest  EWHC 869 is the newest proprietary estoppel case involving a farm, where there was an assurance of inheritance before the family relationship broke down. Is it now time to rename proprietary estoppel as the Law of Farms? bailii.org/ew/cases/EWHC/…#LandLaw
@WhaymanDR Yes indeed - we don’t mean to imply that they declare fencing easements invalid, but rather that the decision here does not continue the express tension of Birss J’s first instance judgment. It remains open in the future to argue that an expressly granted fencing easement binds.
We think the CA must be correct, or otherwise we might be in the paradoxical position that an express, positive obligation on the servient tenement to maintain fence would be binding, despite the general principle that positive obligations cannot run with the land. #landlaw