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Easement – Right of way. The defendants were successors in title to a plot of land sold by the claimants. The original transfer included an express right of way over land forming part of the claimants' property. When the defendant encroached on the land in order to connect utilities for a modern dwelling house, the claimants sought an injunction and damages. The trial judge dismissed their claim on the basis that there had been an inferred intention that the building plot should have connections to the utilities and that rights of access that had already been granted that could be used for the purposes of putting in those connections. The claimants appealed. The Court of Appeal, Civil Division held that applying established law, the express provisions of the original transfer had not excluded the implied easement which the trial judge had held to exist.
Easement – Right of way. The defendants were successors in title to a plot of land sold by the claimants. The original transfer included an express right of way over land forming part of the claimants' property. When the defendant encroached on the land in order to connect utilities for a modern dwelling house, the claimants sought an injunction and damages. The trial judge dismissed their claim on the basis that there had been an inferred intention that the building plot should have connections to the utilities and that rights of access that had already been granted that could be used for the purposes of putting in those connections. The claimants appealed. The Court of Appeal, Civil Division held that applying established law, the express provisions of the original transfer had not excluded the implied easement which the trial judge had held to exist.
Update from the Chair of the Bar
By David Green
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The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
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