Source: All England Reporter
Publisher Citation: [2003] All ER (D) 288 (Feb)
Court: Court of Appeal, Civil Division

Sir Andrew Morritt V-C, Hale and Dyson LJJ

Representation David Berkley QC and Susanne Muth (instructed by Fruhman Davies Livingstone, Manchester) for the claimants.
  Paul Chaisty QC and Mark Harper (instructed by Cobbetts, Manchester) for the defendant.
Judgment Dates: 20 February 2003


Easements and profits a prendre - Easement - Right of way - Extent of right of way - Construction of grant.

The Case

Although a judge had correctly directed himself as to proper method of construction of the grant of a right of way, he had not applied that method correctly to the facts of the case, and his conclusion was unsustainable.

Practice Areas

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