Linvale Investments Ltd v Walker [2016] EWHC B15 (Ch) (04 February 2016)

Linvale Investments Ltd v Walker [2016] EWHC B15 (Ch) (04 February 2016)

The right of way is implied by necessity to give effect to the common intention of the parties at the time of transfer, as the use of the fire exits and gravel pathway was necessary for the contemplated use and full occupation of the property, even though no right arose under section 62 or Wheeldon v Burrows due to lack of evidence of user.

Citation
[2016] EWHC B15 (Ch)
Parties
Claimant: Linvale Investments Limited; Defendant: Christopher Walker
Jurisdiction
England and Wales
Judgment Date
04 February 2016
Procedural Posture
Civil / First Instance Judgment
Outcome
claim allowed in part
Legal Topics
Easements, Implied Easements, Right of Way, Land Transfer, Fire Safety Compliance
Property Law Easements Implied Easements Right of Way Land Transfer Fire Safety Compliance

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Parties

Linvale Investments Limited

Claimant

Christopher Walker

Defendant

Procedural Posture

Civil / First Instance Judgment

Legal Issues

  1. 1 Whether Linvale Investments Limited has the benefit of a right of way over a gravel pathway on land owned by Mr Walker for emergency fire exit purposes
  2. 2 Whether such a right arises under section 62 of the Law of Property Act 1925, the rule in Wheeldon v Burrows, or by implication from the parties' common intention

Ratio Decidendi

The right of way is implied by necessity to give effect to the common intention of the parties at the time of transfer, as the use of the fire exits and gravel pathway was necessary for the contemplated use and full occupation of the property, even though no right arose under section 62 or Wheeldon v Burrows due to lack of evidence of user.

Court Disposition

claim allowed in part

Orders

  • Declaration that the claimant is entitled to a right of way over the gravel pathway from the three fire doors for emergency egress, in terms similar to the express right granted to Tyreweb.