Odey v Barber

Subject Matter

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

[2008] Ch 175; [2008] 2 WLR 618