Source: All England Reporter
Publisher Citation: [2012] All ER (D) 336 (Oct)
Neutral Citation: [2012] EWCA Civ 1398
Court: Court of Appeal, Civil Division

Lord Dyson MR, Davis and Treacy LJJ

Representation Jeremy Burns (instructed under the Direct Access Scheme) for the claimant.
  Robin Green (instructed by Epsom and Ewell Borough Council) for the authority.
Judgment Dates: 30 October 2012


Easement - Right of way - Prescription - Proprietary estoppel - Claimant owning residential property - Claimant's predecessor in title negotiating use of access road to gain access to rear of property - Predecessor building driveway and garage leading from access road - Defendant local authority refusing to accept entitlement to right of way - Claimant submitting authority acting unconscionably by refusing to accept right of way - Judge finding predecessor being induced to believe having access but authority not having knowledge of works carried out to driveway and garage - Judge dismissing claim - Claimant appealing - Claimant submitting judge's finding not justified on evidence - Whether judge erring.

The Case

Easement Right of way. The Court of Appeal, Civil Division, allowing the claimant's appeal, held that his predecessor in title of residential property had acted in a manner that had been detrimental so as to have made it unconscionable for the defendant local authority to resile from its encouragement and assurance that a right of way had been granted in light of that detrimental act.

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