Williams and Hibbit v. Sandy Lane
Language: English Series: Property Week ; 26 January 2007, 72(1)Publication details: 2006Subject(s): Online resources: Summary: [2006] EWCA Civ 1738, 15 December 2006. The appellants appealed against an order dismissing their claim for declarations that they were entitled to rights of way over neighbouring land in the ownership of the respondent company. They had lived in their house since 1975 and although they repositioned their back door and therefore did not use the track in question, the previous owners had used it themselves for more than 20 years. "Held": the appeal court reversed a decision by the lower court and said the claimants continued to hold rights of way over a development site bought by the defendant. It was decided that non-use did not mean that the claimant had forgone its right of way. The appeal court also confirmed that the claimant had won another right of way after using a second track with the owner's acquiescence for more than 20 years.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | L136401 (Browse shelf(Opens below)) | 1 | Available | 136401-1001 |
[2006] EWCA Civ 1738, 15 December 2006. The appellants appealed against an order dismissing their claim for declarations that they were entitled to rights of way over neighbouring land in the ownership of the respondent company. They had lived in their house since 1975 and although they repositioned their back door and therefore did not use the track in question, the previous owners had used it themselves for more than 20 years. "Held": the appeal court reversed a decision by the lower court and said the claimants continued to hold rights of way over a development site bought by the defendant. It was decided that non-use did not mean that the claimant had forgone its right of way. The appeal court also confirmed that the claimant had won another right of way after using a second track with the owner's acquiescence for more than 20 years.