000			01581cad a22001935a 4500
001			E148321
008			090903e20090520xxk 000 0 eng d
035			_a(Sirsi) u148321
041	0		_aeng
245	0	0	_aCarter and Anor v Cole and Anor _h[electronic resource]
260			_c2009
520			_a[2009] EWCA Civ 410, 20 May 2009. The claimants (Ca) owned an area of land, part of which they leased to a mineral water bottling company. The other part they subsequently sold to the appellants (Co) who built a house on the land. At the time of the sale, it was agreed that there would be a right of way across the land so that the water bottling company could have access for lorries. The water bottling company subsequently ended the lease, and Ca applied for planning permission to use the premises as offices. This was refused, as the visibility splay from the access road on to the main road was no longer adequate, due to planting and fencing undertaken by Co. Ca argued that Co had derogated from the grant of a right of way which they gave when they bought their land, and claim a mandatory injunction requiring the Coles to restore the splay, and damages. "Held": appeal dismissed. The previous judge had been right to find in favour of Ca, however the damages awarded were reduced to £20 000.
590			_aKA
650	2	4	_aCARTER AND ANOTHER V COLE AND ANOTHER
651		4	_aEngland _y886-
690			_aBoundary disputes _96221
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2009/410.html _zView the judgement free of charge at www.bailii.org...
942			_n0
999			_c81790 _d81790