Right of way
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McKay Securities plc v Surrey County Council
Express grant of roadway to give access to highway – Unclear whether granted for all purposes – Whether permissible to refer to recitals – Whether grant carried ancillary right to…
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Ward and another v Durham County Council
Way over land used by public for over 20 years — Presumption of dedication as highway — Council claim of uninterrupted use — Whether evidence of interrupted use — Whether…
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R v Secretary of State for the Environment,ex parte Billson
Common – Footpaths – Landowner erecting barriers – Applicant seeking to modify definitive map – County council accepting modification – Landowner objecting – Public inquiry – Respondent refusing to confirm…
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R v Secretary of State for the Environment, Transport and the Regions, ex parte Dorset County
Council order modifying map by adding footpath – Landowners objecting – Inspector not confirming order – Council seeking to quash inspector’s decision – Whether inspector erred in finding right to…
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Evans and another v Cynon Valley Borough Council
Licence to pass and repass — Council building estate on land adjacent to plaintiffs’ farmhouse and land — Plaintiffs reaching agreement with council’s surveyor for right of way — Council…
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Mills v Blackwell and another
Conveyance of access way to respondent with reserved right of way for appellants – Appellants demolishing part of boundary wall to enlarge gateway and create motor-car access on to land…
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R v Secretary of State for Wales, ex parte Emery
Footpath – Application to modify map – County council and Secretary of State for Wales refusing – Conflicting evidence of user – High Court quashing Secretary of State’s decision -…
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Loder v Gaden and others
Defendants running haulage business from property accessed by lane – Lane owned by plaintiff – Plaintiff claiming excessive user – Nature and extent of defendants’ right to use lane -…
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R v Secretary of State for the Environment, ex parte Bagshaw
Public footpath — Definitive map — Refusal of council to add public footpath to map — Secretary of State upholding decision — Test to be applied in deciding whether user…
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Willies-Williams v National Trust for Places of Historic Interest of Natural Beauty
Statutory construction — Registered land — Register of caution — Plaintiff owning property for benefit of which three rights of way reserved — Defendant seeking declaration that two rights of…
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Voice v Bell
Part of land disposed of — Right of way created for access to retained land — Right of way also created for access to further land to be acquired at…
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Hamble Parish Council v Haggard and another
Churchyard — Grant of right of way to churchyard extension — Grant made to vicar and successors in title — Whether easement granted without description of “retained land” — Whether…