Source: All England Reporter
Publisher Citation: [2011] All ER (D) 189 (Jan)
Neutral Citation: [2011] EWCA Civ 19
Court: Court of Appeal, Civil Division

Sedley, Rimer and Black LJJ

Representation Christopher Stoner QC (instructed by Forsters LLP) for the claimant.
  Mark Warwick (instructed by Colman Coyle LLP) for the respondents.
Judgment Dates: 26 January 2011


Easement - Right of way - Extinguishment - Merger - Claimant owning freehold and tenancy of plot of land - Freehold of larger land parcel held by claimant and defendants together - Claimant seeking to exercise rights of way over defendants' land as granted by tenancy - Defendants asserting no right of way on ground tenancy extinguished as consequence of claimant's purchase of freehold - Whether merger of claimant's rights as freeholder and tenant.

The Case

Easement Right of way. The Court of Appeal, Civil Division, found, on the facts, that, in purchasing the freehold of land in which it held a tenancy, the claimant had not intended there to be a merger and since the tenancy continued, the rights over adjoining land appurtenant to that continued.

Practice Areas

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