The Law Reports (Chancery Division)
[1991] Ch 271
[COURT OF APPEAL]
MILLS AND ANOTHER v. SILVER AND OTHERS
1990 June 12,
13,
14;
July 6
July 6
Dillon, Parker and Stocker L.JJ.
Easement
— Right of way
— Grant
— Access to property with vehicles over adjoining land
— Property owner's claim founded on prescriptive easement
— Use tolerated by owner of adjoining land
— Whether toleration sufficient to prevent acquisition of vehicular right of way
— Whether presumption of lost modern grant
Easement
— Right of way
— Improvement of access
— Track suitable for vehicles in dry weather
— Dominant owner laying stones along length of track
— Whether works of repair or of improvement
— Whether trespass entitling servient owner to damages