22 November 2013
Evans v Wimbledon & Putney Commons Conservators [2013] EWHC 3411 (Admin), [2013] All ER (D) 110 (Nov)
It was established law that the defendant had power to grant an easement over the commons for the benefit of adjoining land provided the easement did not interfere with the ability of members of the public to continue to enjoy the part of the common over which the easement was granted and provided, too, that the easement granted was consistent with the duties of the defendant as specified in the Act and the overall objectives of the Act. Accordingly, rights which were granted by the defendant which had as their aim the maintaining and preserving of such an easement had to be permissible, subject to the same qualifications.
