Source: All England Reporter
Publisher Citation: [1998] All ER (D) 703
Court: Chancery Division

Peter Whiteman QC sitting as a deputy judge of the High Court

Representation Jonathan Karas (instructed by Edwin Coe) for the plaintiff.
  Mark Wonnacott (instructed by the Surrey County Council Solicitor) for the defendant.
Judgment Dates: 9 December 1998


Easement - Right of way - Defendant granted plaintiff right of way for 'all purposes'- Deed of grant referred to the rights being 'appurtenant to the [plaintiff's] land as used and occupied at the date hereof for the purpose it now is' - Plan attached to the deed showed visibility splays along the right of way, but they were not referred to in the deed - Whether the right of way was granted for all purposes - Whether the plaintiff had the benefit of the visibility splays.

The Case

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