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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.
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