000 01869cab a2200229 4500
001 ##L133707
008 060605n2006 000 0 eng u
035 _a(Sirsi) u133707
041 0 _aeng
245 0 0 _aAdealon International Proprietary Ltd v London Borough of Merton
260 _c2006
520 _a[2006] EWHC 1075 (Ch), 12 April 2006. Considers the entitlement to right of way. A sought a declaration that its land was entitled to a right of way over land owned by M. Originally both pieces of land had been owned by a company which transferred M's land to M's predecessor in title whilst keeping ownership of A's land. The transfer of M's land contained no express reservation of an easement in favour of A's land. The company subsequently transferred A's land to A assigning all causes of action relating to the land to A. A wanted to develop it by gaining access to a highway running to the south but M indicated that planning permission would not be granted, leaving A's land without a reservation of grant over M's land and effectively landlocked. A contended that a reservation of way should of necessity be implied in its favour. "Held": application refused. A had not demonstrated that it was entitled to the grant of an easement of necessity. When the two parcels of land were split no express reservation of easement was established and the need for such a right had never been contemplated by any party.
590 _aIKA060606
650 2 4 _aADEALON INTERNATIONAL PROPRIETARY LTD V MERTON LBC
650 2 4 _aBARRY V HASSELDINE
650 2 4 _aTITCHMARSH V ROYSTON WATER COMPANY LTD
650 2 4 _aLONDON CORPORATION V RIGGS
651 4 _aEngland and Wales
_y1543-
690 _aBoundary disputes
_96221
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/Ch/2006/1075.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c77166
_d77166