Communal gardens Mulvaney v Gough [2002] EWCA Civ 1078 An easement giving a right to use a communal garden is capable of being acquired by prescription or under s62. The fact that it was not as easy to define the extent of the easement as it would have been in the case of an express grant did not mean that an easement could not be found to be in existence. A declaration was granted stating that the easement was for…
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