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Kavanagh v. CIE – Easement, right to use level crossing
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High Court grants declaration that the plaintiffs were entitled to the use of a level crossing over the defendant's railway line.
Easement - right of way across railway line - obligation to keep use of level crossing available to users of right of way - interlocutory relief - accommodation way - whether use of way limited to farming activities - whether right to use level crossing terminated - whether use of way necessary for use of land - s 68, Railway Clauses Consolidation Act 1845 - whether right to use level crossing confirmed in correspondence.
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