Implied reservation of easement of necessity claim rejected

Adealon International Proprietary Limited v Merton London Borough Council [2007] EWCA Civ 362.

The Court of Appeal has upheld the High Court's decision to reject a landowner's claim for the implied reservation of an easement of necessity.

The landowner sold off land that adjoined its property on three sides, speculating that it would obtain planning permission for access to the retained land from the public highway which ran along the fourth boundary of the property.

When the planning application was refused, the landowner claimed an easement of necessity over the land that had been sold off. The claim was rejected by both courts, on the basis that any rights of way required by the landowner could have been expressly reserved in the transfer when the adjoining land was sold off.
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