The claimant sought leave to appeal against a decision on a right of way over a passageway between the parties’ properties. The defendant had since the trial found documents which suggested that he had in fact been the owner of the land over which the right was claimed.
Held: Leave was refused. The document merely confirmed rights then existing and there was no evidence that such right had existed at the relevant time.
Judges:
Sir Richard SCott VC, Schiemann LJ
Citations:
[1998] EWCA Civ 521
Jurisdiction:
England and Wales
Land
Updated: 14 November 2022; Ref: scu.143999