Cases - CDC2020 Plc v Ferreira
Record details
- Name
- CDC2020 Plc v Ferreira
- Date
- [2005]
- Citation
- EWCA Civ 611
- Legislation
- Keywords
- Easements - Rights of light
- Summary
-
The respondent had a right of way over the appellant’s land specifically for the purpose of accessing 3 garages on his own land. The garages were demolished 30 years previously and the respondent (unlawfully) used the right of way to access his garden for parking purposes and a basement car park. The respondent then redeveloped his property and erected 3 garages that he accessed via the original right of way.
The appellant argued that the right of way had been abandoned and was no longer exercisable. The trial judge found that the right of way had not been abandoned and the matter went to appeal.
The appeal was dismissed. The respondent’s conduct was not such as to make it clear that its firm intention was that neither it nor its successor in title should make use of the easement. The use of the right of way for access to basement and ground level car parks was unlawful. Excessive user of the easement did not indicate an intention to abandon the right of way.
Excessive user of a right of way for some purpose other than that permitted by the easement does not of itself usually bring the easement to an end. To establish abandonment of an easement a servient owner must show more than that the right of way is being used for a purpose other than that originally contemplated or provided for.