Right of way
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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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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…
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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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VT Engineering Ltd v Richard Barland & Co Ltd
Tenant’s right of way — Building on stilts over way in course of construction by landlord — Tenant’s claim to sufficiency of lateral and vertical “swing space” — Lateral no,…
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Lang v House
Private lane common to neighbouring farms — Ownership of soil — Presumption that half the lane vested in each owner — Presumption held to arise in case of private lane…