Gale on Easements

"Gale on Easements" is a highly regarded and frequently cited treatise on the law of easements, first published in 1839. The book has been updated to its 22nd edition and is authored by Jonathan Gaunt, Sir Paul Morgan, and Charles James Gale. Here is a comprehensive overview of the book:

Key Themes

1. Interpretation of Statute and Case Law: The book interprets both statute and case law, providing solutions to the many problems that may arise in practice related to easements.
2. Types of Easements: It sets out what constitutes an easement and focuses on particular types, such as rights of light, rights of way, air and support, boundaries, and access to neighboring land.
3. Historical Perspective: The authors trace cases to the present day from an historical point of view, explaining the development of the law via in-depth analysis of latest case law.
4. Remedies and Advice: The book offers remedies and advice for when an easement has been disturbed, including summaries and examinations of case law, including a wide range of Commonwealth cases.
5. Creation and Extinction of Easements: It goes through the ways easements can be created and examines how easements can be extinguished, defining what amounts to disturbance of easements and identifying the available remedies.

New Developments in the 22nd Edition

• Fully Updated Case Law: The 22nd edition is fully updated to incorporate all the key cases since the last edition.
• Rights of Light Deeds: The book includes a revised analysis of how rights of light deeds authorizing development which interferes with the light to a neighbor’s land bind successors.
• Principles of Interpretation: There is a structured and refreshed discussion of the principles of interpretation applicable to express grants.
• Light Interference: The book includes an updated discussion on what light is to be considered when deciding whether a nuisance has been caused and how the impact of light interference is to be measured.
• Property Law and Tort Law: A detailed discussion of the apparent conflict between property law and tort law, questioning the apparent displacement of well-established property law principles by the intrusion of the “measured duty of care”.
• Access to Neighboring Land: New commentary on the treatment of access to neighboring land.

Critical Reception

While specific critical reviews are not provided in the sources, the book's long history and frequent updates suggest it is highly regarded within the legal community. It is widely cited and used as a reference for its in-depth analysis and comprehensive coverage of easement law.

Publication Details

• Initial Publication: 1839
• Current Edition: 22nd Edition
• Authors: Jonathan Gaunt, Sir Paul Morgan, and Charles James Gale
• Publisher: Thomson Reuters (Sweet & Maxwell)
• Format: Book and eBook

"Gale on Easements" is a seminal work in the field of property law, providing detailed analytical text that interprets statute and case law, suggesting solutions to the many problems that may arise in practice related to easements. Its comprehensive coverage and historical perspective make it a crucial resource for legal professionals and scholars alike.