Peckham and Another v Ellison and Another: CA 10 Dec 1998

A right of way could be implied where facts not reasonably consistent with any other explanation. This is tighter than the ‘Officious Bystander Test.’ Here there had been inconsistent grants and reservations of rights on sales off of council houses.

Citations:

Gazette 26-Nov-1998, [1998] EWCA Civ 1861

Jurisdiction:

England and Wales

Land

Updated: 30 November 2022; Ref: scu.84638