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Easement – Right of way. The defendants proposed to build a wall along the boundary of their land adjoining the claimants' land. The judge made declarations in the claimants' favour on the basis that the conveyance to the claimants had contained an express right of way to their land. The defendants appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the conveyance had not limited the claimants' access to their land. Further, even with a vehicular entrance, the proposed wall would constitute an actionable interference with the claimants' right of way.
Easement – Right of way. The defendants proposed to build a wall along the boundary of their land adjoining the claimants' land. The judge made declarations in the claimants' favour on the basis that the conveyance to the claimants had contained an express right of way to their land. The defendants appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the conveyance had not limited the claimants' access to their land. Further, even with a vehicular entrance, the proposed wall would constitute an actionable interference with the claimants' right of way.
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