Crow v Wood

Crow v Wood [1970] EWCA Civ 5 is an English land law case, confirming an easement commonly exists for the right to have a fence or wall kept in repair expressed in earlier deeds, which is a right which is capable of being "granted" by law and secondly, as a separate but on the facts, related issue, of the right of common land pasture (common pasture) asserted by continued use (an easement by prescription).

Wood claimed that under an implied grant at common law and Law of Property Act 1925, section 62, she was under a duty to keep up her fences separating her private element of her land from the commons element (for the benefit of those with grazing rights on it).

[1] Lord Denning MR held that the right to have a fence repaired "lay in grant", and so could pass under Law of Property Act 1925, section 62.

It is a positive covenant which does not run with the land and is not binding on successors: see Austerberry v Oldham Corporation (1885) 29 Ch D 750.

Professor Glanville Williams on Liability for Animals (1939), says, at p. 209: "If we put aside these questions of theory and turn to the practice of the courts, there seems to be little doubt that fencing is an easement."