CA 10 November 1992. An appeal by the defendants from a judgement in the county court declaring that the plaintiffs were entitled to a right of way for residential purposes over land belonging to the defendants. By deed of gift, the defendant`s predecessor in title conveyed an area of woodland to the plaintiff`s predecessor in title. Although the deed did not contain an express grant of a right of way over the drive to the public highway, the plaintiffs asserted that they had an implied right of way over the drive as that was necessary to give effect to the common intention of the parties of the 1955 deed. The defendants contended that the right of way was limited to use for purposes necessary for the enjoyment of the land as woodland, not residential purposes. The county court judge declared that the plaintiffs were entitled to a right of way over the drive for the purposes of building and using a house, and the defendants appealed. Held, dismissing the appeal. The question was whet