1.The Claimants and the Defendants are now the owners of adjoining properties in Nickleby
Road, Gravesend, Kent which is accepted to be a suburban residential area. Mrs Karen
Donovan (born Purdell), the first Claimant and the first Appellant (whom I shall call
“Mrs Donovan”), sold the plot of land adjoining her property at 35 Nickleby Road (“No
35”) as a building plot with an express right of way over the “Blue Land” that formed
part of No 35. The Blue Land was a small plot that separated the building plot from
Nickleby Road. The Defendants (“Mr and Mrs Rana”) are the successors in title to the
original purchasers of the building plot, and have now built a new house called
“Shalimar”, Nickleby Road upon it (which I shall nonetheless refer to in this judgment
as the “building plot”)
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