000 01814cad a22001935a 4500
001 L140936
008 071022e20070717xxk f v 000 0 eng d
035 _a(Sirsi) u140936
041 0 _aeng
245 0 0 _aAnnette Davies and Onsite Concrete Ltd v Bramwell and others
_h[electronic resource]
260 _c2007
520 _a[2007] EWCA Civ 821;CA (CivDiv) 17 July 2007. B/5/2006/0182; B5/2006/0182(B). Property professionals need to give careful consideration to the particular circumstances under which real property is used not only the explicit wording or drafting suitable clauses in legal documentation. Easements may be implicit depending on the particular circumstances. Case involved whether or not a right of way across the forecourt had been granted to another garage owner in a conveyance to give effect to the common intention of the parties regarding the manner or purposes of use for which land was granted or retained. The appellant garage owner (Davies) appealed against a decision that the respondent garage owners (Bramwell and others) had a right of way over land belonging to her after part of her land had been conveyed to another business. Issues: whether there was a common intention of the parties that the land granted should be used in a specific way; whether the grant of the easement is necessary to give effect to that intention. Held: Appeal dismissed; a right of way had been implicitly granted not by the terms of the grant but by the circumstances under which it was made.
590 _aka
650 2 4 _aANNETTE DAVIES AND ONSITE CONCRETE LTD V BRAMWELL AND OTHERS
651 4 _aEngland and Wales
_y1543-
690 _aBoundary disputes
_96221
856 4 0 _uwww.bailii.org/ew/cases/EWCA/Civ/2007/821.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c79377
_d79377