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Wood v Waddington [2014]

Facts

  • The claimants had purchased part of land previously owned, along with adjoining land, by one person
  • The land was purchased with the benefit of all liberties, privileges and advantages continuously enjoyed by it
  • The remaining land of the previous owner was sold to the defendants

Issue

  • Could the claimants continue to use bridleways across the defendant’s land for the purpose of riding horses?

Decision

  • No

Reasoning

  • A right of way is not a continuously enjoyed liberty, privilege or advantage
  • Section 62 of the Law of Property Act 1925 could operate to grant an easement where the right to use the right of way was previously enjoyed
  • There was no reason why s 62 could not operate where there was no diversity of occupation previously as long as the right was previously enjoyed with the claimant’s land (as opposed to just by the claimant personally)
  • The right was not enjoyed with the land, only by the claimants personally
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