Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Pugh v Savage [1970]

297 words (1 pages) Case Summary

17th Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Pugh v Savage [1970] 2 QB 373, CA

Property Law – Easement – Right of Way – Tenancy of Servient Tenement


Pugh was the owner of a farm which included field A. Field A was accessed from the highway along a lane, into a field and across that field into field B. The path also crossed from field A to field C. Fields B and C were leased to Savage. Savage was informed upon taking the lease, that he was entitled to a private right of way over field A, along the lane to the highway. Pugh denied the private right of way for vehicles to gain access to field B and C. One day, Pugh accidentally obstructed the pathway with hedge trimmings. Savage crossed field A to gain access to field B. Pugh sought an injunction and damages for trespass.


Whether the initial right of way granted continued when Savage leased the land.


There was evidence that initially, the owner of field C had the dominant tenement and was able to pass over field B to reach field A, the servient tenement. The original owner of field B had consented to this at the time so there were grounds to establish a right of way. Thus, when Savage became a tenant of the land where there was evidence of a right of way, even if Pugh had no knowledge of the fact Savage was in possession, the grant of the tenancy would not ruin the presumption of a grant or grounds for a claim under the Prescription Act 1832. It would be unreasonable to imply a lost grant by the owner of the servient tenement at the beginning of Savage’s use. The appeal was dismissed and Savage was entitled to a right of way over the land.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles