The Weekly Law Reports
[2008] 2 WLR 618
Chancery Division: Bristol
Odey and others v Barber
[2006] EWHC 3109 (Ch)
2006 Oct 10,
11,
12,
17;
Nov 29
Nov 29
Silber J
Easement— Right of way— Grant— Track owned by defendant used by claimants and predecessors for continuous period of 20 years— Defendant’s predecessor in title giving claimants’ predecessors unsolicited permission to use track— Whether inconsistent with claim to user as of right— Whether precluding acquisition of right of way over track under doctrine of lost modern grant