Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Barry v Hasseldine

280 words (1 pages) Case Summary

17th Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Barry v Hasseldine [1952] Ch 835; [1952] 2 All ER 317; [1952] 2 TLR 92; 159 EG 659;




The previous owner of the plaintiff’s parcel of land bought it from the defendant in 1947. It was conveyed to the plaintiff in 1949. The parcel was enclosed on all sides by land, belonging to either the defendant, or strangers, over which neither the defendant, nor the grantee had rights. At the time of the original conveyance, the access to the parcel was through a disused airfield, abutting to the highway by permission of the owner of the land on which the airfield had been constructed. Both the original grantee and the plaintiff used the airfield. It was subsequently closed in 1950. The plaintiff claimed to be entitled to a right of way over the defendant’s land to and from the highway on which the defendant’s land abutted.


Did the plaintiff have a right of way over the defendant’s land by virtue of necessity?


The plaintiff’s action succeeded.

(1) If a grantee of land has no access to his property, which is sold or conveyed to him, except over the grantor’s land or over the land of some other persons, whom he cannot compel to give him a right of way, a way of necessity is implied and the grantee has a right of way over the grantor’s land.

(2) This implication is not rebutted by the fact that at the date of the grant, there was a permissive way to the land over the land of a stranger.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles