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Carter v Cole [2006] EWCA Civ 398

DATE: 01 Jan 2006

The Court of Appeal held that the implied ancillary easement to repair a right of way had not been ousted by agreement by the insertion of a Halsall v Brizell clause providing for an 80% contribution of the cost of works to be paid by the dominant owner to the the servient owner and further, that the servient owner could not charge in advance of incurring the cost of the works.