Wood v Waddington

Court of Appeal decision on easements

The Court of Appeal has today delivered judgment in Wood v Waddington.  Mr and Mrs Wood, the appellants, claimed several rights of way over the land of their neighbour, Mr Waddington.  The rights were said to have arisen when the two properties, which had formerly been in common ownership, were divided up for sale in 1998.  The Court of Appeal held that Mr and Mrs Wood’s land did benefit from the claimed rights of way, by virtue of section 62 of the Law of Property Act 1925.

Simon Atkinson was led by Jonathan Karas QC, of Falcon Chambers, and appeared for the appellants.

Download the Judgment here (Crown Copyright)