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