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Adam v Shrewsbury & Anor [2005] EWCA Civ 1006

DATE: 28 Jul 2005

The Respondent and the Appellants predecessor in title had entered into a conveyance which anticipated the construction of a development, garage and roadway access to the garage. The development never took place. The court held that it could not be said there was a common intention that if the development did not take place the land would be used as a garage and it could not be implied that an immediate right of way existed along the road pursuant to the conveyance.

Stephen Bickford-Smith acted on behalf of the Respondent on appeal.