*/
Easement – Right of way. The defendants were successors in title to a plot of land sold by the claimants. The original transfer included an express right of way over land forming part of the claimants' property. When the defendant encroached on the land in order to connect utilities for a modern dwelling house, the claimants sought an injunction and damages. The trial judge dismissed their claim on the basis that there had been an inferred intention that the building plot should have connections to the utilities and that rights of access that had already been granted that could be used for the purposes of putting in those connections. The claimants appealed. The Court of Appeal, Civil Division held that applying established law, the express provisions of the original transfer had not excluded the implied easement which the trial judge had held to exist.
Easement – Right of way. The defendants were successors in title to a plot of land sold by the claimants. The original transfer included an express right of way over land forming part of the claimants' property. When the defendant encroached on the land in order to connect utilities for a modern dwelling house, the claimants sought an injunction and damages. The trial judge dismissed their claim on the basis that there had been an inferred intention that the building plot should have connections to the utilities and that rights of access that had already been granted that could be used for the purposes of putting in those connections. The claimants appealed. The Court of Appeal, Civil Division held that applying established law, the express provisions of the original transfer had not excluded the implied easement which the trial judge had held to exist.
The Chair of the Bar sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts