Facts
Mr Wall claimed a right of way over South Road, a passageway that ran through the neighbouring property. The right had been granted in a 1911 assignment of a long lease. Mr Wall later acquired the freehold and merged his lease into it. Mr and Mrs Collins argued that the merger had extinguished the right. The trial judge agreed and Mr Wall appealed.
Issue
Did the merger of the leasehold and freehold interests extinguish the right of way?
Decision
The Court of Appeal allowed the appeal. The right of way benefited the dominant land and survived the merger for the period of the original grant. The merger did not change the identity of the dominant land. The decision concerned easements and did not decide whether the same principle applied to restrictive covenants.
Law Teacher writing support
Writing a law essay?
We choose a writer who is an expert in your area of law and qualified to at least the academic level you select. Most of our writers hold a master’s degree or PhD, have teaching experience, or both.
Send us your question and, if you wish, any marking criteria. We’ll write an essay to your instructions.
Mr Wall could use the passageway to the extent reasonably required for the convenient enjoyment of the dwelling house. The right did not amount to unrestricted access for other purposes.
Reported citations: [2007] Ch 390, [2007] 3 WLR 459
Source: Full judgment
