Source: All England Reporter
Publisher Citation: [2002] All ER (D) 346 (Jul)
Neutral Citation: [2002] EWCA Civ 1078
Court: Court of Appeal, Civil Division
Judge:

Simon Brown, Mance and Latham LJJ

Representation Jonathon Gaunt QC and Mark Harper (instructed by Oglethorpe Sturton & Gillibrand) for the claimant.
  Sean Kelly (instructed by Jobling & Knape, Carnforth) for the defendant.
Judgment Dates: 24 July 2002

Catchwords

Easement - Communal garden - Right to enjoy communal garden - Enjoyment in common by owners of adjoining property - Defendant owners of communal garden removing garden in order to create driveway - Claimant seeking to establish easement to reinstate common garden - District judge granting declaration to effect that claimant entitled to reinstate garden - Defendants appealing - Whether declaration going further than necessary - s 62.

The Case

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