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Adealon International Corp Proprietary v Merton LBC [2007]

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)
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