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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.

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.