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Nickerson v Barraclough [1981]

Facts

  • Land was conveyed and left landlocked
  • The owner claimed that an easement of necessity had been granted over a bridge, which was the only means of access

Issue

  • Had an easement of necessity been granted?

Decision

  • Yes

Reasoning

  • An old covenant must be interpreted in its circumstances, not in light of public policy, allowing the easement of necessity to have been impliedly granted
  • Intentions of parties will override public policy where easements of necessity are concerned
  • Public policy may be used to frustrate intentions though (as opposed to helping to interpret them)
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