Stanning v Baldwin and another

Easement – Right of way. Applying the relevant legal principles when considering use of an easement following a change in the dominant tenement, the Chancery Division held that the claimant's right of way, as owner of a coach house, over a track on a common owned by the defendants, extended to the claimant's proposed development which involved demolition of the coach house and the erection of four terraced houses. Consequently, the court granted the claimant's application for a declaration to that effect. The court further determined where the legal boundary between the parties' properties lay and also decided that the claimant had a right of drainage.

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