Waterman and Anor v Boyle and Anor (Record no. 81316)

MARC details
000 -LEADER
fixed length control field 02037cab a22002415a 4500
001 - CONTROL NUMBER
control field L146884
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090309e20090227xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u146884
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Waterman and Anor v Boyle and Anor
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2009
520 ## - SUMMARY, ETC.
Summary, etc. [2009] EWCA Civ 115, 27 February 2009. Case shows that where there was an express right to park attaching to a property, it was unlikely that a further right to park would arise by implication. The appellant homeowners (B) appealed against an order made in relation to boundary disputes arising between them and the respondents (W), W's right of access over land and parking rights. B lived in a property originally owned by W. The transfer provided for parking at B's property of two private vehicles on designated land over which both parties had a common right of access. B argued that cars could be driven along and parked there by their visitors. The main issue was the question of whether the right to park could be implied from a right of vehicular access, following the House of Lords' decision in Montcrieff v Jameson. Held: appeal allowed in part. Regarding the key issue of parking rights, the test was whether it would be a reasonably necessary use of the land for vistors to park there. It was not enough for it to be desirable. If any further parking rights had been intended it would have been indicated in the transfer. The original judge had wrongly applied Moncrieff.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CANNON V VILLARS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BULSTRODE V LAMBERT
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LONDON AND SUBURBAN LAND AND BUILDING CO LTD V CAREY
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MONCRIEFF AND ANOTHER V JAMIESON AND OTHERS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CELESTEEL LTD V ALTON HOUSE HOLDINGS
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-PROPERTY MANAGEMENT-BOUNDARY DETERMINATION PROPERTY-PROPERTY MANAGEMENT-EASEMENTS-RIGHTS OF WAY
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org./ew/cases/EWCA/Civ/2009/115.html/">https://www.bailii.org./ew/cases/EWCA/Civ/2009/115.html/</a>
Public note View the case at: www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 09/03/2009   ONLINE PUBLICATION 146884-2001 06/08/2019 1 06/08/2019 Law report