Vehicle way – Dispute over point of access
Where a vehicular right of way is granted or reserved over a track running along the boundary between the two properties it makes obvious sense to identify the intended point of access. Failing this, the outcome of any dispute will be difficult to predict. Much will depend upon the factual background (as seen by the court) immediately before the execution of the document in question.
Bearing in mind that decided cases can only be illustrative, disputants will find valuable guidance in Wellbarn Shoot Ltd v Shackleton [2002] 18 EG 151 (CS).
For a time-saving review of similar cases, you may like to order the unreported judgment in Newby v MIW Holdings Ltd [2002] EWHC 711 (Ch) by sending an e-mail to legal@egi.co.uk (the cost is £15 plus VAT).
Vehicle way – Dispute over point of access
Where a vehicular right of way is granted or reserved over a track running along the boundary between the two properties it makes obvious sense to identify the intended point of access. Failing this, the outcome of any dispute will be difficult to predict. Much will depend upon the factual background (as seen by the court) immediately before the execution of the document in question.
Bearing in mind that decided cases can only be illustrative, disputants will find valuable guidance in Wellbarn Shoot Ltd v Shackleton [2002] 18 EG 151 (CS).
For a time-saving review of similar cases, you may like to order the unreported judgment in Newby v MIW Holdings Ltd [2002] EWHC 711 (Ch) by sending an e-mail to legal@egi.co.uk (the cost is £15 plus VAT).
