Kent and another v Kavanagh and another
Kent and another v Kavanagh and another
- 2006
[2006] EWCA Civ 162, 2 March 2006. Considers whether the first part of the rule in "Wheeldon v Burrows" can have any application on a conveyance made on an enfranchisement under the Leasehold Reform Act 1967. Appeal by KA against a decision that KE, their next-door neighbours, were entitled to a right of way over that half of the path which ran between their properties which was within KA's ownership. The judge upheld KE's claim on the basis on non derogation from grant or the rule in "Wheeldon v Burrows". "Held": appeal dismissed. The first part of the rule could have no application on a conveyance made on enfranchisement under s8(1) of the Act. The judge had been correct to uphold the right of way. The user had been as of right under a grant.
SOVMOTS INVESTMENTS LTD V SOS ENVIRONMENT
LEASEHOLD REFORM ACT 1967 S8(1)
LAW OF PROPERTY ACT 1925 S62
WHEELDON V BURROWS
KENT AND ANOTHER V KAVANAGH AND ANOTHER
LEASEHOLD REFORM ACT 1967 S10(2)(II)
England and Wales--1543-
[2006] EWCA Civ 162, 2 March 2006. Considers whether the first part of the rule in "Wheeldon v Burrows" can have any application on a conveyance made on an enfranchisement under the Leasehold Reform Act 1967. Appeal by KA against a decision that KE, their next-door neighbours, were entitled to a right of way over that half of the path which ran between their properties which was within KA's ownership. The judge upheld KE's claim on the basis on non derogation from grant or the rule in "Wheeldon v Burrows". "Held": appeal dismissed. The first part of the rule could have no application on a conveyance made on enfranchisement under s8(1) of the Act. The judge had been correct to uphold the right of way. The user had been as of right under a grant.
SOVMOTS INVESTMENTS LTD V SOS ENVIRONMENT
LEASEHOLD REFORM ACT 1967 S8(1)
LAW OF PROPERTY ACT 1925 S62
WHEELDON V BURROWS
KENT AND ANOTHER V KAVANAGH AND ANOTHER
LEASEHOLD REFORM ACT 1967 S10(2)(II)
England and Wales--1543-