Odey and Others v Barber: ChD 29 Nov 2006

The claimants sought a declaration that they had two rights of way over a neighbour’s land. One was claimed by continuous use for twenty years, and the second was said to have been implied under the 1925 Act. No express grant was suggested.

Silber J
[2006] EWHC 3109 (Ch), [2007] 3 All ER 543, [2008] Ch 175, [2008] 2 WLR 618
Law of Property Act 1925 62
England and Wales
CitedWheeldon v Burrows CA 17-Jun-1879
Quasi-Easements granted on sale of part of Estate
S owned a workshop and an adjoining plot of land. The workshop had three windows looking out over the plot. The property was sold in separate lots at auction. The land was sold with no express reservation of any easements, and then similarly the . .
CitedTehidy Minerals Ltd v Norman CA 1971
The fact that land had been requisitioned by the Ministry of Agriculture between 1941 and 1960 and the 20-odd years’ user relied on as having created the rights had preceded 1941 was a bar to a prescriptive claim to grazing rights under the . .
CitedRegina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council HL 25-Jun-1999
When setting out to establish that a piece of land has become a village green with rights of common, the tests are similar to those used in the law of prescription and adverse possession. Accordingly, there is no need to establish a belief in those . .
CitedBright v Walker 1834
Where a way had been used adversely and under a claim of right, for more than twenty years, over land in the possession of a lessee who held under a lease for lives granted by the Bishop of Worcester. Held that under the act 2 and 3 Will. 4, c. 71, . .
CitedMcAdams Homes Ltd v Robinson and Another CA 27-Feb-2004
The defendant blocked the line of a sewer. The claimant alleged that it had an easement and sought the cost of building the alternative pipe. The question to be answered was ‘Where an easement is granted by implication on the sale of a property, . .
CitedMills and Another v Silver and others CA 6-Jul-1990
A farm’s only vehicular access was over land which was only useable occasionally when dry. The defendants laid a stone track to facilitate constant access. At first instance it was held that the earlier use had been too intermittent to allow a . .
CitedBurrows v Lang 1901
Discussing the book de legibus et consuetudinibus Angliae by Bracton, and its discussion of the meaning of ‘precario’ saying it was the same as de gratia, of grace, and in the context of a watercourse. The court asked ‘What is precarious?’ and . .
CitedDalton, Weaton v Maple and Co. CA 1983
The plaintiff claimed to have acquired a right of light against the defendants.
Held: Lord Justice Lindley said: ‘The whole theory of prescription at common law is against presuming any grant, or covenant not to interrupt, by or with anyone . .

Lists of cited by and citing cases may be incomplete.


Updated: 10 December 2021; Ref: scu.341780