Cases - Carder v Davies
Record details
- Name
- Carder v Davies
- Date
- (1998)
- Citation
- 76 P&CR D33, CA
- Legislation
- Keywords
- Easements
- Summary
-
The plaintiff enjoyed a right of way along a roadway adjoining the dominant tenement. A wall had been built some 30 years earlier, which meant that access could only be gained to the roadway part way along it. The plaintiff demolished part of the wall to allow access at a different point for her car. The Court of Appeal held that there had been no abandonment, Peter Gibson LJ saying:
'It is possible to abandon the use of part of a roadway. It is possible to abandon the right to use the easement in a particular manner. But it is a novel proposition to me, at any rate, that the easement owner with a completely unfettered right to enter the roadway at any point on the boundary of the owner's property, should limit that right as a matter of law so as to be confined to a particular access point, merely because of the existence of a wall or fence or hedge over or through which, while it stands, he would not conveniently be gaining access to the roadway.'