Cases - Crabb v Arun District Council

Record details

Name
Crabb v Arun District Council
Date
[1976]; [1975]
Citation
Ch. 179; 3 WLR 847
Legislation
Keywords
Easements
Summary

The plaintiff owned a piece of land from which access to the highway was at point A over a road belonging to the defendant. The plaintiff wanted to sell his land in 2 parts and agreed with the defendant's representative that he could have a second access at point B. The plaintiff sold the piece of land with access at point A without reserving any right in favour of the remaining piece of land. The defendant then removed a gate it had installed at point B and fenced the gap. The Court of Appeal held that the plaintiff had acted to his detriment (in selling the first piece of land without reserving any right to use point A) in reliance upon the agreement with the defendant, and in those circumstances, to give effect to the equity of the situation, the defendant was entitled to an easement providing access at point B.