Kent v Kavanagh [2006] EWCA Civ 162 is an English land law case, concerning easements.
Constructed in 1907, numbers 56 and 58 in a semi-detached housing estate were built with a path between them, giving access from a road to the back gardens.
The learned judge at first instance rejected the claim that any right appertained to number 56 under the Law of Property Act 1925, section 62(2) because there was no evidence the path was used for gaining access to the back garden at the time of the conveyance.
But he accepted an easement over the path should be implied into the 14 May 1976 conveyance under Wheeldon v Burrows because it was necessary for reasonable enjoyment.
Chadwick LJ held that there was no difficulty in implying into each lease the grant and reservation of reciprocal rights to share the pathway.