Easements survive enfranchisement

Kent and another v Kavanagh CA TLR 24 March

The Kents were owner–occupiers of 56 Dovercourt Road, the Kavanaghs of 58. The properties were originally part of an approved management scheme until enfranchisement under the Leasehold Reform Act 1967. A path ran between the properties from the road to the back gardens, the boundary of the properties being along the midline of the path. The Kavanaghs disputed that the Kents were entitled to a right of way over that part of the path not within their ownership after the parties had become freeholders of their properties following enfranchisement.