Mills v Silver

Subject Matter

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

[1991] Ch 271; [1991] 2 WLR 324; [1991] 1 All ER 449; The Times, 13 July 1990, CA

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

[1991] Ch 271; [1991] 2 WLR 324; [1991] 1 All ER 449; The Times, 13 July 1990, CA

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