Right of way
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PP 2007/25
In practical terms, one of the most important issues for owners and occupiers is how to escape from a building in an emergency. Many properties enjoy rights of fire escape…
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Odey and another v Barber
Public footpath – Continuous user – Prescription – Lost modern grant – Claimants claiming right of way over track owned by defendant – Whether claimants acquiring right of way by…
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PP 2007/02
It has long been established that rights of way by prescription must be claimed by and against freehold interests in land.
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Williams and another v Sandy Lane (Chester) Ltd
Land — Prescriptive right of way — Long user — Council granting tenancy of servient land after beginning of long user — Council failing to prevent user — Dominant owner…
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Ford Camber Ltd v Deanminster Ltd and another
Overriding rights of way — Statutory powers to override rights — Acquisition of land by statutory authority — Schedule 20 to Local Government, Planning and Land Act 1980 — Provisions…
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Owers and another v Bailey
Neighbours — Boundary — Right of way — Unlawful interference — Track running between two properties — Claimants asserting right of way — Defendant obstructing right of way — Whether…
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Crane Road Properties LLP v Hundalani and another; Hundalani and another v Slough Industrial Estates Ltd and others
Private road — Access — Rights and liabilities — Transferees covenanting to contribute to cost of repairs etc — Whether covenant entitling landowner to demand contribution to upgrading works –…
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Ford Camber Ltd v Deanminster Ltd and another
Sale of land — Development — Statutory body acquiring site to override claimant’s right of way — Transferor reacquiring site following exercise of statutory rights — Claimant challenging right to…
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R (on the application of Thould and others) v Secretary of State for Environment, Food and Rural Affairs
Definitive map — Modification order — Public right of way shown over land — Evidence that map wrongly indicating right of way over claimants’ land — Council modifying map by…
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Donaldson and others v Smith and others
Settlement — Estate — Farm subject to tenancy — Trustees apportioning trust property between beneficiaries — Certain beneficiaries claiming easement over land of others — Whether trustees creating right of…
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R (on the application of Godmanchester Town Council) v Secretary of State for Environment, Food and Rural Affairs; R (on the application of Drain) v Secretary of State for Environment, Food and Rural Affairs
Public footpath — Modification of definitive map and statement — Refusal to confirm order — Presumption of dedication as highway by landowner — Evidence sufficient to rebut presumption — Appeal…
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Stroude v Beazer Homes Ltd and others
Section 106 agreement — Implication of right of way for purpose of complying with agreement — Whether right arising from concurrent obligations of parties as matter of general law or…