Cases - Campbell v William T Banks
Record details
- Name
- Campbell v William T Banks
- Date
- [2011]
- Citation
- EWCA Civ 61
- Legislation
- Keywords
- Easements - Law of Property Act 1925 s. 62
- Summary
-
The appellants purchased property from which they operated stables. They claimed a right of way for riding along two lanes which crossed farmland owned by the respondents. The appellants’ property and the farm had once been in common ownership until the titles were split in 1953 and it was said that the way had been enjoyed over the farmland for many years.
The circumstances were such as to give rise to a claim based upon section 62 of the 1925 Act if there had been actual enjoyment of the lanes. The burden of proof to establish actual use was, however, upon the appellants and there was insufficient evidence of use of the lanes for the benefit of the appellants’ land.
Evidence of actual use prior to the division of titles is required in order to invoke section 62 as the basis for a claim to a right of way. A party seeking to rely upon section 62 will need clear evidence that the right claimed was enjoyed for the benefit of their land.