Developers often ask lawyers to confirm whether a new development will benefit from existing rights over adjoining land. It is not always easy to advise in such circumstances and practical…
Right of way – Access to farm – Lost modern grant or prescription – Claimant seeking declaration that right extending to access for new dwellings to be built on farm…
The House of Lords’ decision in R (on the application of Godmanchester Town Council) v Secretary of State for Environment, Food and Rural Affairs; R (on the application of Drain)…
Public footpath – Modification of definitive map and statement – Refusal to confirm modification order – Presumption of dedication as highway by landowner – Evidence sufficient to rebut presumption
Easement – Right of way
Sale of land — Development — Statutory body acquiring site to override appellant’s right of way — Transferor reacquiring site following exercise of statutory rights — Appellant challenging right to…
When a lease becomes vested in the owner of the immediate reversion, the lease merges with the reversion unless it is encumbered (for example, by a mortgage) or the owner…
Common land — Claim to private right of way over common — Application to register right rejected — Whether defendants as owners of common capable of granting right — Whether…
Right of way – Prescription
Neighbouring properties – Leasehold interest in house – Lessor granting right of way along side of adjoining property – Leasehold subsequently merging with freehold – Whether merger extinguishing right of…
Easement – Right of way