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 preventing the continued acquisition of the right of way by prescription. The crucial question was the date of the knowledge of of the servient land owner of the potential acquisition of the right by the dominant owner. If he knew of the use vefore granting the tenancy, he could not complain.
Judges:
Lord Justice Chadwick, Lord Justice Wilson and Mr Justice Lindsay
Citations:
[2006] EWCA Civ 1738, Times 05-Jan-2007, [2007] 1 EGLR 10
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Llewellyn and Another v Lorey and Another CA 3-Feb-2011
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. . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 31 October 2022; Ref: scu.247403
