Adealon International Corp Proprietary v Merton London Borough Council [2007]
Facts
- A plot of land was bounded by two roads, one of which provided a right of access
Issue
- In the interest of future planning permission, could an easement implied by way of necessity be found reserving a right of way to the land via the other road?
Decision
- No
Reasoning
- Rights should be expressly reserved
- Where access over other land is possible, it will not be necessary to find than an implied easement of necessity was reserved (higher burden of proof for reservation than grant)
