Saturday, May 06, 2006

Land - Easement - Notes (1)

Right of way can be acquired by:
(i)Long use
(ii) Express grant
=> Determine the extension of right possible
- Harris v Flower (1904): Extension of that right of way to secure access to the garden area for parking thus extending the dominant tenement fell foul of Harris v Flower rule
- The question to ask is whether the new use ancillary (intimately connected) to the current use of right of way of dominant tenement

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