CDC2020 Plc v Ferreira

CDC2020 Plc v Ferreira

The works undertaken, including demolition of garages and construction of ramps and car parks, did not justify an inference that the dominant owner intended to abandon the right of way forever. There was no clear intention to abandon, and the right of way subsists and may be exercised now that garages have been reinstated.

Parties
Claimant/respondent: CDC2020 Plc; Defendant/appellant: George Ferreira
Jurisdiction
England and Wales
Judgment Date
05 May 2005
Procedural Posture
Civil Appeal / Appeal From Central London County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Easements, Right of Way, Abandonment of Easement, Civil Procedure
Property Law Easements Right of Way Abandonment of Easement Civil Procedure

Case Brief

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Parties

CDC2020 Plc

Claimant/respondent

George Ferreira

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Central London County Court to Court of Appeal

Legal Issues

  1. 1 Whether the right of way granted in 1964 for the benefit of the claimant's land has been abandoned by demolition of garages and subsequent use changes
  2. 2 Whether the right of way can be exercised when the garages are not present
  3. 3 Whether excessive or unlawful use of the right of way extinguishes or suspends the easement

Ratio Decidendi

The works undertaken, including demolition of garages and construction of ramps and car parks, did not justify an inference that the dominant owner intended to abandon the right of way forever. There was no clear intention to abandon, and the right of way subsists and may be exercised now that garages have been reinstated.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • £1,500 to be paid on account within 14 days