Rights of Way are Particular to the Subject Land
A motion may be made in arrest of judgment after a rule for a new trial has been discharged, and at any time before judgment is entered up. It is not a good justification in trespass, that the defendant has a right of way over part of the plaintiffs land, and that he had gone upon the adjoining land, because the way was impassable from being overflowed by a river.
The dominant owner of an easement of way (in whose interest it is that the way be kept in good repair) is entitled to maintain and repair the way and, if he wants the way to be kept in repair, must himself bear the cost.
Lord Mansfield
[1781] EngR 77, (1781) 2 Doug 745, (1781) 99 ER 475
Commonlii
England and Wales
Cited by:
Cited – Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Another CA 4-Apr-2017
Can a recreational purpose underlie an easement
The court considered the validity of easements of recreational facilities. A property had been developed with timeshare leases within a substantial and attractive grounds area. Later a second development was created but with freehold interests, but . .
Lists of cited by and citing cases may be incomplete.
Land, Torts – Other
Leading Case
Updated: 31 October 2021; Ref: scu.372543