Kent and another v Kavanagh and another
Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWCA Civ 162, 2 March 2006. Considers whether the first part of the rule in "Wheeldon v Burrows" can have any application on a conveyance made on an enfranchisement under the Leasehold Reform Act 1967. Appeal by KA against a decision that KE, their next-door neighbours, were entitled to a right of way over that half of the path which ran between their properties which was within KA's ownership. The judge upheld KE's claim on the basis on non derogation from grant or the rule in "Wheeldon v Burrows". "Held": appeal dismissed. The first part of the rule could have no application on a conveyance made on enfranchisement under s8(1) of the Act. The judge had been correct to uphold the right of way. The user had been as of right under a grant.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 133943-2001 |
[2006] EWCA Civ 162, 2 March 2006. Considers whether the first part of the rule in "Wheeldon v Burrows" can have any application on a conveyance made on an enfranchisement under the Leasehold Reform Act 1967. Appeal by KA against a decision that KE, their next-door neighbours, were entitled to a right of way over that half of the path which ran between their properties which was within KA's ownership. The judge upheld KE's claim on the basis on non derogation from grant or the rule in "Wheeldon v Burrows". "Held": appeal dismissed. The first part of the rule could have no application on a conveyance made on enfranchisement under s8(1) of the Act. The judge had been correct to uphold the right of way. The user had been as of right under a grant.