Land owners were granted a right of way over an occupation road to the highway. They had other means of access to the highway, but eventually sought to construct a gateway onto the occupation road. The owners of the occupation road resisted. It was held that the express grant of the right of way must envisage some form of access being allowed. It might not included a right to create several points of access, but one gateway was inevitable.
Judges:
Schemann LJ, Mummery Lj, Sir Mrray Stuart-Smith
Citations:
Gazette 21-Jun-2001, [2001] EWCA Civ 1099
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Petty v Parsons CA 14-Jul-1914
The court considered a request by a dominant easement owner to vary the point at which he accessed a right of way. Swinfen Eady LJ said: ‘It is a question of construction in a deed granting a right of way whether the way that is granted is a way so . .
Cited – Stanton, Mills; Mills v Blackwell and Blackwell CA 15-Jul-1999
Two strips of land were adjacent but separated by a wall with a gate. The owner of one plot was given broadly phrased rights of way over both strips. He removed part of the wall over the neighbour’s land in order to make full use of the wider strip. . .
Cited – National Trust v White ChD 1987
Warner J discussed the cases of Cooke v Ingram and Pettey v Parsons concerning rights of way: ‘Each was concerned with the resolution, in particular circumstances, of the inevitable conflict between the dominant owner’s right of access to the way . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 19 November 2022; Ref: scu.201157