Source: All England Reporter
Publisher Citation: [2011] All ER (D) 212 (Jan)
Neutral Citation: [2011] EWHC 96 (Ch)
Court: Chancery Division
Judge:

Floyd J

Representation John Randall QC (instructed by Wragge & Co) for the defendants.
  John McGhee QC and Paul Clarke (instructed by Spearing Waite) for the claimants.
Judgment Dates: 27 January 2011

Catchwords

Easement - Right of way - Extent - Physical characteristics - Secretary of State acquiring claimants' land for purpose of altering route of old A6 - Secretary of State obliged by statute to provide claimants with 'another reasonably convenient means of access' - Defendants granting claimants right of way over land owned by defendants for purposes of providing claimants with access to new means of access to claimants' land - Extent of right of way so granted - Construction of relevant deed.

The Case

Easement Right of way. The Chancery Division of the High Court dismissed the defendant companies' appeal against the decision of a judge in an action concerning a right of way in which the judge had decided in favour of the claimants, taking the view that, on a proper construction of the deed in question, the physical extent of the right of way in question was from the line of the fence on the western edge of the western verge of the roadway to the eastern edge of the eastern verge of the roadway.

Practice Areas

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