Source: All England Reporter
Publisher Citation: [2003] All ER (D) 38 (Sep)
Court: Chancery Division
Judge:

Rimer J

Representation Paul Morgan QC (instructed by Berger Oliver) for the claimants.
  Lana Wood (instructed by Darwin Gray) for the defendant.
Judgment Dates: 5 September 2003

Catchwords

Easements - Lost modern grant - Prescription - Vehicular use of paths over common - Unlawful use - Application for creation of easement - s 68 - Vehicular Access Across Common and Other Land (England) Regulations 2002 (SI 2002/1711).

The Case

The proceedings concerned the claimant's application for, inter alia, a freezing order in respect of a sum to be paid to the defendant for a vehicular access easement under s68 of the . In the instant case, there was no evidence before the court of improper dealings or of a relevant risk of dissipation. Accordingly, the application would be dismissed.

Practice Areas

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