The parties disputed whether a right of way was exerciseable for commercial as well as private purposes.
Held: The judge had made a finding as to use which was not supported by the evidence before him.
Judges:
Thorpe, Lloyd, Patten LJJ
Citations:
[2011] EWCA Civ 37
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Hollins v Verney CA 1884
A claim for a presumption of a lost modern grant must include an assertion that the enjoyment of the carriageway was continuous or uninterrupted. Lindley LJ said: ‘It is difficult, if not impossible, to enunciate a principle which will reconcile all . .
Cited – Williams and Another v Sandy Lane (Chester) Ltd CA 15-Dec-2006
The servient owner granted a lease of his land without first seeking to prevent use of the right of way by the dominant owner.
Held: The servient owner could not now rely on the fact of the lease to say that he had been disabled from . .
Cited – Pugh v Savage CA 14-Jan-1970
The enjoyment of an easement by a succession of tenants may be sufficient to create a right by prescription for the landlord. . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 01 September 2022; Ref: scu.428533
