Right of way
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Peacock and another v Custins and another
Express grant of right of way affording access to highway – Servient owner claiming that way unlawfully used for agricultural operations upon land adjoining dominant tenement – No significant increase…
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PP 2002/139
Use for land other than dominant tenement. The rule that a right of way or other easement over Blackacre has to “accommodate” an identifiable dominant tenement (Whiteacre) comes under particular…
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PP 2002/101
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…
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Applegarth v Secretary of State for the Environment, Transport and the Regions
Council making modification order to add road as public right of way to definitive map – Claimant objecting – Inspector deciding not to confirm order – First inspector’s decision quashed…
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Trevelyan v Secretary of State for the Environment, Transport and the Regions
Respondent ordering deletion of bridleway from definitive map – Applicant challenging order – Approach to be adopted when considering whether right of way to be deleted from definitive map -…
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Nationwide Building Society v James Beauchamp (a firm)
Borrowers purchasing plots of land with assistance of mortgages provided by claimant – Road to be built over part of land to provide access to plots – Road to be…
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Charles v Beach
Adjoining properties — Nature and extent of right of way — Whether restricted pedestrian access or vehicular access also granted — County court finding that right of way included vehicular…
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Cochrane v Williams
Brick wall built to replace fence along common boundary — Dispute arose as to how far wall extended — Consequential use of wider access with leave or license of neighbour…
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Greenwich Healthcare National Health Service Trust v London & Quadrant Housing Trust and others
Plaintiff having but not using compulsory purchase powers to carry out hospital development – Plaintiff unable to proceed without realigning road subject to defendants’ right of way and risking proceedings…
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Jobson v Record and another
Plaintiff granting right of way for benefit of land sold to defendants – Timber felled off neighbouring property but stored of necessity on defendants’ land – Whether use of right…
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CP Holdings Ltd v Dugdale and others
Plaintiff exercising option to acquire vehicle way over disused railway line – Defendants later buying line with intention of resuming intermittent railway use – Whether defendants entitled to construct a…
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B&Q plc v Liverpool & Lancashire Properties Ltd
Substantial interference – Owner of retail park announcing intended reduction of common service area – Claimant enjoying express right of passage over area for delivery vehicles – Intended change incompatible…