A contract to sell land with the appurtenances does not pass a right to a way to the land sold which the vendor has used over adjoining land of his own.
Where a grantee is entitled to a way of necessity over another tenement belonging to the grantor, and there are to the tenement granted more ways than one, the grantee is entitled to one way only, which the grantor may select.
Fry J said: ‘When a man who is owner of two fields walks over one to get to the other, that walking is attributable to the ownership of the land over which he is walking, and not necessarily to the ownership of the land to which he is walking.’
Fry J
(1879) 11 ChD 968, [1879] UKLawRpCh 175
Commonlii
England and Wales
Cited by:
Cited – Sovmots Investments Ltd v Secretary of State for the Environment HL 28-Apr-1977
The section in the 1881 Act does not apply to a quasi-easement because ‘When land is under one ownership one cannot speak in any intelligible sense of rights, or privileges, or easements being exercised over one part for the benefit of another. . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 18 January 2022; Ref: scu.239388