Where a grant of a right of way is ‘for all purposes’ its use will not be limited by the purposes for which the dominant land was used at the date of the grant. The very general expression was to be given its ordinary unvarnished meaning, as a formula for the grant of a right of way without any limitation on purpose.
Judges:
Peter G Whiteman QC J
Citations:
[1998] All ER (D) 703
Jurisdiction:
England and Wales
Cited by:
Cited – Thompson v Bee and Another CA 20-Nov-2009
The parties disputed the extent and nature of the use allowed for an unregistered but express right of way. The track had been obtained by use for agriculture. The dominant owner appealed against a finding that it was limited to agricultural use, . .
Cited – Davill v Pull and Another CA 10-Dec-2009
The court was asked to interpret grants of rights of way over land. The claimant intended to increase the use of the right. The servient owners objected. The claimant appealed against refusal of relief.
Held: The appeal succeeded. There was . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 23 June 2022; Ref: scu.381286