000			01550cab a2200241 4500
001			##L133943
008			060622n2006 000 0 eng u
035			_a(Sirsi) u133943
041	0		_aeng
245	0	0	_aKent and another v Kavanagh and another
260			_c2006
520			_a[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.
650	2	4	_aSOVMOTS INVESTMENTS LTD V SOS ENVIRONMENT
650	2	4	_aLEASEHOLD REFORM ACT 1967 S8(1)
650	2	4	_aLAW OF PROPERTY ACT 1925 S62
650	2	4	_aWHEELDON V BURROWS
650	2	4	_aKENT AND ANOTHER V KAVANAGH AND ANOTHER
650	2	4	_aLEASEHOLD REFORM ACT 1967 S10(2)(II)
651		4	_aEngland and Wales _y1543-
690			_aBoundary disputes _96221
856	4	8	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/162.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c77272 _d77272