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 reservingĀ 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)
RELATED CASE  Griffiths v Williams [1977]

Posted in Land Law Revision Notes.

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