The court considered whether the long term non-user of an easement could amount to its abandonment.
Held: Buckley LJ said: ‘To establish abandonment of an easement the conduct of the dominant owner must, in our judgement have been such as to make it clear that he had at the relevant time a firm intention that neither he nor any successor in title of his should thereafter make use of the easement . . abandonment is not, we think, to be likely in the third owners of property do not normally wish to divest themselves of it unless it is to their advantage to do so, notwithstanding they may have no present a use for it.’
Judges:
Buckley LJ
Citations:
(1971) EG 759
Jurisdiction:
England and Wales
Cited by:
Cited – Benn v Hardinge CA 13-Oct-1992
The court declined to find an intention on the part of the dominant land owner to abandon a right of way even though no use had been made of that right of way for one hundred and seventy five years because the dominant owner had other access to the . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 10 September 2022; Ref: scu.510890
