000 01492cab a2200217 4500
001 L136401
008 070130n2006 000 0 eng u
035 _a(Sirsi) u136401
041 0 _aeng
245 0 0 _aWilliams and Hibbit v. Sandy Lane
260 _c2006
490 0 0 _aProperty Week
_v26 January 2007, 72(1)
520 _a[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.
590 _aKA
650 2 4 _aWILLIAMS AND HIBBIT V SANDY LANE
650 2 4 _aPRESCRIPTION ACT 1832
651 4 _aEngland
_y886-
690 _aBoundary disputes
_96221
856 4 8 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/1738.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c78273
_d78273