Rudd v Rea

• Jurisdiction: Ireland
• Judgment Date: 26 March 1923
• Date: 26 March 1923
• Docket Number: (1920. No. 537.)
• Court: Court of Appeal (Irish Free State)

Ch. Div., C. A. I. F. S.,

Rudd

and

Rea

Ancillary rights -"Use of all roads and passes" for removal of timber - Licence to erect sawmill - Implied rights - Manufacture of sleepers, etc - Time for removal of timber.

Under a contract for the sale by the owner of land of the timber growing on it, the purchaser was given "the use of all roads and passes" for the removal of the timber, which was to be effected within a period of five years. Verbal permission was given by the vendor to the purchaser to erect two sawmills on the lands to facilitate him in carrying out the contract:—Held (affirming Powell, J.), that the purchaser was not entitled to use a sawmill erected by him on the lands for the purpose of manufacturing articles for sale, and that the purchaser was not entitled to...