Borman v Griffith [1930] 1 Ch 493

Key point

  • Secondary right of way must provide more than mere convenience, it needs to have an additional practical advantage to be implied under the rule in Wheeldon

Facts

  • C agreed to lease a lodge in a park from the landlord D
  • There was access by rear track to the lodge, but C sought a right of way over the main driveway which was the only viable access for the heavy vehicles involved with C’s poultry business

Held (High Court)

  • An easement was impliedly granted by D to C together with the lease under the rule in Wheeldon

Maugham J

  • The authorities show that where an ‘obvious and made road is necessary for the reasonable enjoyment of the property by the grantee, must be taken prima facie to have intended to grant a right to use it’
  • The grant of easement can be excluded by terms of contract