Cases - Smith v Brudenell-Bruce
Record details
- Name
- Smith v Brudenell-Bruce
- Date
- (2002)
- Citation
- 2 P&CR 4
- Legislation
- Keywords
- Easements - Prescription Act 1832 - Rights of light
- Summary
-
The dominant owner had already used a way as of right for over 20 years when the servient owner wrote 2 letters in forceful terms objecting to his continued use of the way. The Court held that the use thereafter was contentious and not as of right. The claim under the Prescription Act 1832 failed, but the claim based on lost modern grant succeeded.