KENT AND ANOR v KAVANAGH AND ANOR [2006] EWCA CIV 162
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Abstract
Section 62 Fills a Black HoleFor many, the right to use a small path bordering one’s house may seem hardly worth a day in court, let alone the additional costs of an appeal. This case, recently decided in the Court of Appeal, rested on such an issue. It allowed the Court of Appeal to review the law relating to the grant of an easement and in particular has served to clarify the law concerning the rule of Wheeldon v Burrows which allows certain quasi-easements to pass on purchase of property
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