The expression ‘as at present enjoyed’ with reference to a right of way was not a reference to, or a limitation of, the purposes for which the way was used, such as agricultural purposes, but was to the quality of user in the sense of the manner in which it was exercised i.e. on foot or with vehicles.
Judges:
Bennett J
Citations:
[1937] 1 All ER 797
Jurisdiction:
England and Wales
Cited by:
Cited – Thompson v Bee and Another CA 20-Nov-2009
The parties disputed the extent and nature of the use allowed for an unregistered but express right of way. The track had been obtained by use for agriculture. The dominant owner appealed against a finding that it was limited to agricultural use, . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 07 May 2022; Ref: scu.381287