Source: All England Reporter
Publisher Citation: [2002] All ER (D) 108 (Jan)
Court: Chancery Division
Judge:

Anthony Elleray QC sitting as a deputy judge of the High Court

Representation David Abrahams (instructed by Lester Aldridge, Bournemouth) for the claimant.
  Michael Buckpitt (instructed by DAC) for the defendant.
Judgment Dates: 18 January 2002

Catchwords

Easement - Right of way - Reservation in conveyance - Defendant's predecessors in title reserving right of way over drive owned by claimant - Extent of right of way - Whether defendant's right of way over drive limited to access through existing gate on boundary between drive and defendant's property.

The Case

On a true construction of a deed of transfer, the court ruled that the defendant was entitled, in exercise of the right of way reserved by his predecessors in title, to make an entrance onto a drive adjoining its property, thereby affording access and egress from the drive onto the land owned by the defendant over the entrance point proposed.

Practice Areas

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