Phipps v Pears [1964] is an English land law case, concerning easements. The case concerns walls other than those governed by the Party Wall Act. Party walls are those which are touch or are shared or agreed to be party walls. The court held the law will not imply or invent a new form of negative easement to prevent a neighbour's wall being pulled down which offers some protection (and no special agreement or covenant is in place).
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| - Phipps v Pears [1964] is an English land law case, concerning easements. The case concerns walls other than those governed by the Party Wall Act. Party walls are those which are touch or are shared or agreed to be party walls. The court held the law will not imply or invent a new form of negative easement to prevent a neighbour's wall being pulled down which offers some protection (and no special agreement or covenant is in place). (en)
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caption
| - Walls damaged by weather damage. (en)
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citations
| - [1964] EWCA Civ 3 (en)
- [1965] 1 QB 76 (en)
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court
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full name
| - George Edward Phipps v Pears and others (en)
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keywords
| - Creation of negative easements; rule against creation of new types of easements; non-existence of general right to continued protection against weather (en)
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| - Phipps v Pears [1964] is an English land law case, concerning easements. The case concerns walls other than those governed by the Party Wall Act. Party walls are those which are touch or are shared or agreed to be party walls. The court held the law will not imply or invent a new form of negative easement to prevent a neighbour's wall being pulled down which offers some protection (and no special agreement or covenant is in place). (en)
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concurring
| - Salmon LJ (en)
- Pearson LJ (en)
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| - Held: Likewise every man is entitled to cut down his trees if he likes, even if it leaves you without shelter from the wind or shade from the sun, see the decision of the Master of the Rolls in Ireland. There is no such easement known to the law as an easement to be protected from the weather. The only way for an owner to protect himself is by getting a covenant from his neighbour that he will not pull down his house or cut down his trees. Such a covenant would be binding on him in contract: and it would be enforceable on any successor who took with notice of it. But it would not be binding on one who took without notice. (en)
- "Held: But a right to protection from the weather is entirely negative. It is a right to stop your neighbour pulling down his own house. Seeing that it is a negative easement, it must be looked at with caution. Because the law has been very wary of creating any new negative easements. (en)
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prior actions
| - Appellant also lost at first instance. (en)
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