Cases - Williams & Anor v Sandy Lane (Chester) Ltd
Record details
- Name
- Williams & Anor v Sandy Lane (Chester) Ltd
- Date
- [2006]
- Citation
- EWCA Civ 1738
- Legislation
- Keywords
- Rights of light
- Summary
-
The claimants claimed declarations that they were entitled to rights of way (via a primary and a secondary route) over the defendant's land. The question of abandonment arose in relation to the secondary route, which had not been used for nearly 30 years because the claimants found the primary route more convenient. They had fenced their land so as to obstruct the secondary route and had carried out earthworks, which made walking along the path difficult, but not impossible.
The Court of Appeal held that they had not abandoned the right of way. It was not lost by non-user alone, even over many years; what was required was an intention on the part of the dominant owner to abandon the right. The Court decided that there was nothing in the evidence to support an intention to abandon the right to use the secondary route.