CA 13 February 1989. By a conveyance dated 20 October 1955 a plot of land was acquired by the council and left undeveloped for future use as a road diversion . The plot joined the defendant`s (M) house and garden to the north but the only approach to it was through M`s garden. In 1967 M`s predecessors began to maintain the plot by mowing the grass and used it for their own purposes. In 1971 M purchased the property under a conveyance which claimed " together with...all such rights estate title and interests as the vendors may have in or over" the plot. The vendors made a statutory declaration setting out their acts of cultivation and use of the plot stating that no one had ever challenged this and their permission had been sought when an electric cable was laid across the plot. M fastened the gate with a chain so giving no unimpeded access to the plot except from the house and garden. In 1975 a neighbouring tennis club wished to lay a drain over the land which would connect with the