Facts
- The National Trust purchased an Iron Age Hill Fort and permitted its visitors to park in a nearby car park
- In order to park in the car park, visitors used a right of way granted in favour of the Hill Fort (archaeological site), not in favour of the car park
- The servient land changed hands, and the owner objected to the visitors using the easement to access the non-dominant car park
Issue
- Could The National Trust prevent the new servient owner from placing a gate over the right of way?
Decision
- Yes
Reasoning
- As the right of way was granted “at all time and for all purposes”, and visitors were still only using the car park to access the Hill Fort, applying the rule in Harris v Flower (1904) did not prevent the easement from being used
