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Easements.

The editor of this section is Emma Humphreys, solicitor, partner in Charles Russell LLP (www.cr-law.co.uk)

Rights of Way

Subsequently acquired land

Gore v Naheed
[2017] EWCA Civ 369

Summary

An easement granted over a driveway also included the right to use the driveway to access a subsequently acquired adjacent garage in order to leave a vehicle parked there for an indefinite period of time.

Facts

A right of way was granted by a conveyance in 1921 to a property known as “the Granary” allowing passage over a driveway in the following terms:
    “…to go and return along and over the private entrance road or way coloured yellow on the said plan for all purposes connected with the use and occupation of the said granary but not further or otherwise."
The then owner of the Granary (the claimant’s predecessor in title) subsequently acquired part of the driveway by adverse possession and constructed a garage on that part. The defendant owners of the servient tenement (D) ran a business from their property and regularly parked delivery vehicles on that part of the driveway owned by them, blocking access to the garage. The claimant (C) applied for an ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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