Right of way
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Snell & Prideaux Ltd v Dutton Mirrors Ltd
Express grant of vehicular and pedestrian access — Abandonment of right — Partial extinguishment — Whether easement created by express grant capable of being partially extinguished — Erection of building…
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West and another v Sharp
Claimants owning right of way over defendant’s land – Whether right of way limited to track existing at time of conveyance – Whether interference sufficient to justify granting of injunction…
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Stafford and another v Lee and another
Right of way — Reasonable enjoyment — Common intention — Conveyance of woodland fronting road — Plaintiffs wishing to build on land — Defendants owning adjacent land including road –…
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Minor v Groves
Access way serving terrace of small cottages – Defendant building porch on raised concrete strip impeding wide-bodied vehicles – Whether strip formed part of way – Whether way limited to…
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Westley v Hertfordshire County Council
Newly erected fencing reducing width of bridleway – Appellant serving notice under section 56(4) of the Highways Act 1980 and section 82 of the Environmental Protection Act 1990 – Whether…
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Masters and another v Secretary of State for the Environment, Transport and Regions
Council issuing modification order in relation to public right of way – Status of way thereby changing from road used as a public path to byway open to all traffic…
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Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd
Heritable property — Acquisition by prescription — Public pedestrian walkway through enclosed town centre — Whether use as matter of right rather than tolerance by proprietor — Legal character of…
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R v Secretary of State for the Environment, ex parte Stevens
Track classified as road used as public path – Surveying authority reclassifying as bridleway – Inspector confirming – Whether inspector had correctly disregarded recent vehicular use as being use in…
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Jones and others v Price and another
Private easement — Prescription — Disputed right to drive sheep along track — Use of track over plaintiffs’ land for over 50 years — Purported withdrawal of permission — Defendant…
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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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Fairview New Homes plc v Government Row Residents Association Ltd
Right of way exercisable over road running along boundary of dominant tenement – Whether access limited to that enjoyed at date of grant – Whether desired new access amounted to…
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Globeshaw Ltd v Save Service Stations Ltd
Plaintiff owning land with right of way over defendant’s land – Defendant constructing filling station – Plaintiff claiming that works and filling station amounted to obstruction of right of way…