||All England Reporter
|| All ER (D) 278 (May)
|| EWCA Civ 444
||Court of Appeal, Civil Division
Mummery, Carnwath and Hooper LJJ
||The claimant appeared in person.
||Ian Foster (instructed by Widdows Mason) for the defendants.
||17 May 2007
Easement - Right of way - Extinguishment - Right of way granted by lease - Leasehold estate subsequently merging into freehold estate - Enlargement of dominant tenement by acquisition by adverse possession of leasehold interest in land - Whether right of way extinguished by merger of lease - Whether right of way benefiting land acquired by adverse possession.
Easement Right of way. Merger of a lease into a larger interest in the dominant tenement was not in itself fatal to the continued existence of an easement granted by a clause in the lease, for the period for which it was granted. The dominant tenement remained unchanged and there was no legal impediment to the continued enjoyment of the easement by the occupier for the time-being of that tenement. Where the original dominant tenement was extended, the enjoyment of the easement might continue for the benefit of the enlarged property, if the additional use was merely ancillary.
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