Cases - Borman v Griffith

Record details

Name
Borman v Griffith
Date
[1930]
Citation
1 Ch 493
Legislation
Keywords
Easements
Summary

A drive ran past what had formerly been a gardener's lodge, to the hall. The owner let the lodge to the plaintiff, then let the hall to the defendant, who promptly blocked the drive. In giving judgment for the plaintiff, Maugham J said that 'where, as in the present case, two properties belonging to a single owner and about to be granted are separated by a common road, or where a plainly visible road exists over the one for the apparent use of the other, and that road is necessary for the reasonable enjoyment of the property, a right to use the road will pass with the quasi-dominant tenement, unless by the terms of the contract that right is excluded'.