Cases - Simmons v Dobson

Record details

Name

Simmons v Dobson

Date

[1991]

Citation

1 WLR 720

Keywords

Rights of light

Summary

The defendants and plaintiff were lessees of two properties owned by the same freeholder owner. The defendants blocked a passageway which the plaintiff used to reach the road. The plaintiff therefore brought an action claiming a right of way over the passageway on the basis, amongst others, of lost modern grant. The Court of Appeal held that the common law rule that rights could only be acquired by prescription by and against freehold owners also applied to the doctrine of lost modern grant.