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Abandonment
Commons and rights of way
Construing rights of way
Extinguisment
Gardens
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Implied and s62
Increasing the burden
Parking
Prescription
Profits a prendre
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Abandonment

It is almost impossible to establish that a person with the benefit of an easement has lost it by abandonment. This page deals with two recent cases that make this clear.


CDC2020 plc v Ferreira
[2005] EWCA Civ 611

The principle

Lloyd LJ, para 24:
    ".. the dominant owner must manifest an intention to abandon the right and, in order to do so, must make it clear that his intention is that neither he nor his successors in title should thereafter make any use of the right. abandonment is not to be lightly inferred because owners of property do not normally wish to divest themselves of property unless to do so is to their advantage, even if they have no present use for the property in question."
The facts

The grant of the right of way was in the following terms:
    "Together with full right and liberty in common with others entitled to the like right, to pass and repass with or without motor cars or other vehicles over the land coloured blue, for all purposes connected with the use and enjoyment of the three garages erected on the land coloured pink.."
The garages were demolished and replaced by ramps and car parks to which they led. The car parks were later demolished and three garages were later rebuilt once again on the land. There was a thirty-year gap during which there were no garages on the land.

Held

Notwithstanding these facts, the right of way had not been abandoned.


Williams v Sandy Lane (Chester) Limited
[2006] EWCA Civ 1738

The principle again

    ´┐ŻA right ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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