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Right of way over hotel avenue extended to some properties but not others
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The High Court determines that rights of way existed for some properties belonging to various members of the same family over the main avenue of a neighbouring hotel, affirming the family's historic access for domestic and agricultural purposes. The court found that the family had continuously used the avenue without the hotel's permission for over twenty years, establishing the right by prescription. The court determined that the right of way did not extend to other parcels of land carved out from the farmlands for separate domestic use, as their use of the right of way would be 'excessive and colourable' and not within the original grant's contemplation.
right of way, prescription, easement, domestic purposes, agricultural purposes, kennels and cattery, excessive use, colourable use, abandonment, implied release, radical alteration, continuous user, permission, toleration, acquiescence, Steward's House, farmlands, main avenue, hotel, Prescription Act 1832, Land and Conveyancing Law Reform Act 2009, Civil Law (Miscellaneous Provisions) Act 2011, Land and Conveyancing Law Reform Act 2021.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
