Peacock and another v Custins and another
Peacock and another v Custins and another
- 2001
- Estates Gazette [2000] 13 EG 152-158 (7) .
CA 14 November 2000. Claimants P. owned agricultural land which had the benefit of a right of way over land (yellow) belonging to defendents C. Easement expressed in title deeds as being a right of way 'at all times and at all purposes'. P sold part of a different property without retaining the right of way to part retained (blue) adjoining the red land. Red and blue land were let to a tenant. CC allowed P's claim that they were entitled to access the blue land but made declarations as to the width and location of the right of way. C's appeal contesting that P's use of the yellow land to trespass was allowed in part. Held P was not entitled to use the yellow land for the purposes for cultivation but contractors sale was allowable to establish the width and location of the right of way.
PEACOCK V CUSTINS
RIGHT OF WAY
EASEMENTS
ADJOINING LAND
TRESPASS
CULTIVATION
CA 14 November 2000. Claimants P. owned agricultural land which had the benefit of a right of way over land (yellow) belonging to defendents C. Easement expressed in title deeds as being a right of way 'at all times and at all purposes'. P sold part of a different property without retaining the right of way to part retained (blue) adjoining the red land. Red and blue land were let to a tenant. CC allowed P's claim that they were entitled to access the blue land but made declarations as to the width and location of the right of way. C's appeal contesting that P's use of the yellow land to trespass was allowed in part. Held P was not entitled to use the yellow land for the purposes for cultivation but contractors sale was allowable to establish the width and location of the right of way.
PEACOCK V CUSTINS
RIGHT OF WAY
EASEMENTS
ADJOINING LAND
TRESPASS
CULTIVATION