Where a person wishes to rely upon an easement having been impliedly reserved by common intention, there will be a heavy burden of proof resting upon them to show that the specific easement was mutually intended. It may not be enough, for example, to show that the right in question had been openly exercised prior to the transaction into which it is claimed it has been impliedly acquired: see [case].
Answer
Re Webb’s Lease [1951] Ch 808
Tags
#easements #land #law
Question
Where a person wishes to rely upon an easement having been impliedly reserved by common intention, there will be a heavy burden of proof resting upon them to show that the specific easement was mutually intended. It may not be enough, for example, to show that the right in question had been openly exercised prior to the transaction into which it is claimed it has been impliedly acquired: see [case].
Answer
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Tags
#easements #land #law
Question
Where a person wishes to rely upon an easement having been impliedly reserved by common intention, there will be a heavy burden of proof resting upon them to show that the specific easement was mutually intended. It may not be enough, for example, to show that the right in question had been openly exercised prior to the transaction into which it is claimed it has been impliedly acquired: see [case].
Answer
Re Webb’s Lease [1951] Ch 808
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Open it w that the specific easement was mutually intended. It may not be enough, for example, to show that the right in question had been openly exercised prior to the transaction into which it is claimed it has been impliedly acquired: see <span>Re Webb’s Lease [1951] Ch 808.<span><body><html>
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