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 that the grantee may open gates, or means of access to the way, at any point of his frontage, or whether it is merely a way between two points, a right to pass over the road, and is limited to the modes of access to the road existing at the date of the grant.’
Pickford LJ said that, assuming the right of access from every part of the land from which access is required to every part of the way, such access should be given as will give reasonable opportunity for the exercise of the right.
Swinfen Eady LJ, Pickford LJ
[1914] 2 Ch 653, [1914] UKLawRpCh 92
Commonlii
England and Wales
Cited by:
Cited – Lomax and Another v Wood CA 11-Jun-2001
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 . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 22 January 2022; Ref: scu.258599