This does not mean that a right being claimed as an easement under this method must have been in use at the exact time that the sale / lease of what is to become the dominant tenement took place. Rather, it must be shown that it had been exercised in the recent past and was expected to be exercised again in the near future. In the case of [case], the Court of Appeal made it clear that it must have been in use by the common owner, i.e. the person now selling / leasing the land to another. It would not be sufficient if the right had previously been used by a tenant of theirs, for example.
Answer
Kent v Kavanagh
Tags
#easements #land #law
Question
This does not mean that a right being claimed as an easement under this method must have been in use at the exact time that the sale / lease of what is to become the dominant tenement took place. Rather, it must be shown that it had been exercised in the recent past and was expected to be exercised again in the near future. In the case of [case], the Court of Appeal made it clear that it must have been in use by the common owner, i.e. the person now selling / leasing the land to another. It would not be sufficient if the right had previously been used by a tenant of theirs, for example.
Answer
?
Tags
#easements #land #law
Question
This does not mean that a right being claimed as an easement under this method must have been in use at the exact time that the sale / lease of what is to become the dominant tenement took place. Rather, it must be shown that it had been exercised in the recent past and was expected to be exercised again in the near future. In the case of [case], the Court of Appeal made it clear that it must have been in use by the common owner, i.e. the person now selling / leasing the land to another. It would not be sufficient if the right had previously been used by a tenant of theirs, for example.
Answer
Kent v Kavanagh
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Open it time that the sale / lease of what is to become the dominant tenement took place. Rather, it must be shown that it had been exercised in the recent past and was expected to be exercised again in the near future. In the case of <span>Kent v Kavanagh, the Court of Appeal made it clear that it must have been in use by the common owner, i.e. the person now selling / leasing the land to another. It would not be sufficient if the righ
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