Russell & Ors v Finn

Russell & Ors v Finn

The right of way granted by the 1978 conveyance extends along the driveway to the Coach House and does not terminate at point 'Y', based on the factual background and prior use, and the absence of express words limiting the right.

Parties
Claimant: Russell and Others; Defendant/appellant: Finn
Jurisdiction
England and Wales
Judgment Date
20 February 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Easements, Right of Way, Conveyancing, Prescription, Costs
Property Law Civil Procedure Easements Right of Way Conveyancing Prescription Costs

Case Brief

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Parties

Russell and Others

Claimant

Finn

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Coach House Right of Way granted by the 1978 conveyance extends beyond point 'Y' to the Coach House driveway
  2. 2 Whether the defendant acquired a prescriptive right of way
  3. 3 Proper construction of the 1978 conveyance

Ratio Decidendi

The right of way granted by the 1978 conveyance extends along the driveway to the Coach House and does not terminate at point 'Y', based on the factual background and prior use, and the absence of express words limiting the right.

Court Disposition

Appeal allowed

Orders

  • Declaration that the right of way extends from Brook Avenue over the driveway to the Coach House land as per agreed plan, with liberty to substitute plan within 28 days
  • Order for reinstatement of driveway within 6 weeks