Dwyer Nolan Developments Ltd. v. Kingscroft Developments Ltd. [1998] IEHC 125; [1999] 1 ILRM 141 (30th July, 1998)

Dwyer Nolan Developments Ltd. v. Kingscroft Developments Ltd. [1998] IEHC 125; [1999] 1 ILRM 141 (30th July, 1998)

In the circumstances, including the parties' common intention for development, the Plaintiff is entitled to a right of way to his landlocked property, as Irish law allows implied easements of necessity with sufficient amplitude for intended use.

Citation
[1998] IEHC 125
Parties
Plaintiff: Dwyer Nolan Developments Limited; Defendant: Kingscroft Developments Limited
Jurisdiction
Ireland
Procedural Posture
Civil / Judgment
Outcome
Plaintiff entitled to a right of way to retained land; matter adjourned for six months to facilitate resolution.
Legal Topics
Easements, Right of Way, Landlocked Property, Implied Easements, Derogation From Grant
Property Law Easements Right of Way Landlocked Property Implied Easements Derogation From Grant

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Dwyer Nolan Developments Limited

Plaintiff

Kingscroft Developments Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to a right of way over the Defendant's lands to access retained land
  2. 2 Whether a right of way arises by express grant, implication, or necessity
  3. 3 Effect of planning permission and subsequent changes on the right of way

Ratio Decidendi

In the circumstances, including the parties' common intention for development, the Plaintiff is entitled to a right of way to his landlocked property, as Irish law allows implied easements of necessity with sufficient amplitude for intended use.

Court Disposition

Plaintiff entitled to a right of way to retained land; matter adjourned for six months to facilitate resolution.

Orders

  • Adjournment for six months to enable parties to resolve access issue with local authority.
  • Court to be addressed on alternative orders if solution not achieved.