Davies v Du Paver

JurisdictionEngland & Wales
Year1952
Date1952
CourtCourt of Appeal
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8 cases
  • Mills and Another v Silver and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 6 July 1990
    ...or constructive or which he contests and endeavours to interrupt or which he temporarily licenses." 18This was cited by Morris L.J. in Davies v. Du Paver [1953] 1 QB 184 at 210 where he said: "Before Mr. Davies could establish a claim based on prescription the evidence would have to show t......
  • Polo Woods Foundation v Shelton-Agar and Another
    • United Kingdom
    • Chancery Division
    • 17 June 2009
    ...She relies on Mills v Silver [1991] Ch 271. Certainly what Dillon LJ says at p 280, citing Sturges v Bridgman (1879) 11 Ch D 852 and Davies v Du Paver [1953] 1 QB 184, is consistent only with the conclusion that knowledge in the context of the acquisition of easements by prescription can be......
  • R v Sunderland City Council, ex parte Beresford
    • United Kingdom
    • House of Lords
    • 13 November 2003
    ...a licence to use land cannot be implied from mere inaction of a landowner with knowledge of the use to which his land is being put. In Davies v Du Paver [1953] 1 QB 184, which concerned a private right, Morris LJ said, at p 210: "Before Mr Davies could establish a claim based on prescripti......
  • Njongi v MEC, Department of Welfare, Eastern Cape
    • South Africa
    • Invalid date
    ...811 (SCA) ([1998] 1 All SA 413): referred to A Van Staden v Fourie 1989 (3) SA 200 (A): referred to. Foreign cases Davies v Du Paver [1952] 2 All ER 991 (CA): referred Laurentian Pilotage Authority v Voyageur (The) [2006] 1 FCR 37: referred to. B Unreported cases MEC for Welfare v Njongi (E......
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