Smith v. Muller

Rowena Meager, LL.B., B.C.L., Barrister,
Lecturer in Law, University of Buckingham

A case note
This appeal concerned a claimed easement of way whose route passed through a boundary hedge whose maintenance was dictated by the terms of an inclosure award. The northern part of the claimed way ran over land which had been vested in the local surveyors of highways for getting materials for repairing the roads and ways for which they were responsible.

The Court of Appeal held that the terms of the award did not preclude making a gateway in the hedge. The Court distinguished Seymour and Another v. Flamborough Parish Council, and found it unnecessary to determine whether that case had been correctly decided on its materially different facts

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