Wall v Collins & Anor

The right of way over South Road survived the merger of the leasehold and freehold interests in No 231 and passed to the freehold under section 62 of the Law of Property Act 1925. The right of way is limited to the convenient enjoyment of No 231 and may be used for the Back Land only if such use is ancillary to the residential use of No 231.

Parties: Appellant: Keith John Wall; Respondents: Brian Collins & Anr
Jurisdiction: England and Wales
Judgment Date: 17 May 2007
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Easements, Merger of Leasehold and Freehold, Section 62 Law of Property Act 1925, Rights of Way, Prescription

Property Law Easements Merger of Leasehold and Freehold Section 62 Law of Property Act 1925 Rights of Way Prescription

Case Brief

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Parties

Keith John Wall

Appellant

Brian Collins & Anr

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the right of way over South Road survived the merger of leasehold and freehold interests in No 231.
2 Whether section 62 of the Law of Property Act 1925 operated to transfer the right of way to the freehold.
3 Whether the right of way could benefit the Back Land as well as No 231.

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Declaration that the claimant, as owner of No 231 and the Back Land, enjoys a right of way over South Road to the extent reasonably required for the convenient enjoyment of No 231.
Costs to be determined after written submissions.