The Act required the railway company to make gates and passages over the railway for the accommodation of the owners and occupiers of land adjoining the railway. The conveyance to the railway company reserved to the landowner and his successors in title a right of way over the level crossing that was made.
Held: The right granted by the Act to a landowner owning land on both sides of the railway as an easement. The landowner on subsequently conveying away land on one side, without granting a right of way over the retained land and without reserving a right of way over the land conveyed away, was held to have abandoned his easement over the level crossing.
[1895] 2 Ch 827
Railway Clauses Consolidation Act 1845 68
England and Wales
Land
Updated: 13 January 2022; Ref: scu.200659
