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Property briefing

By: Language: English Series: Solicitors` Journal ; 137(5) 12 February 1993, 129(1)Publication details: 1993Subject(s): Summary: CA ruled in "Benn v Hardinge" 13 October that prolonged non-use of a right of way by the owner of a dominant tenement was not in itself sufficient grounds to assume its abandonment. Following precedent in "Gotobed v Pridmore" the judgement stated there must be a clear intention to abandon. The article also considers protection against distress for unpaid rent.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS48038 (Browse shelf(Opens below)) 1 Available 64571-1001

CA ruled in "Benn v Hardinge" 13 October that prolonged non-use of a right of way by the owner of a dominant tenement was not in itself sufficient grounds to assume its abandonment. Following precedent in "Gotobed v Pridmore" the judgement stated there must be a clear intention to abandon. The article also considers protection against distress for unpaid rent.