Right of Way in UK Law
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Keefe v Amor
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The grantee of the right could only object to such activities of the owner of the land, including retention of obstruction, as substantially interfered with the use of the land in such exercise of the defined right as for the time being is reasonably required.
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Jelbert v Davis
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Although the right is granted "at all times and for all purposes", nevertheless it is not a sole right. It is a right "in common with all other persons having the like right". It must not be used so as to interfere unreasonably with the use by those other persons, that is with their use of it as they do now, or as they may do lawfully in the future. The only way in which the rights of all can be reconciled is by holding that none of them must use the way excessively.
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Mills and Another v Silver and Others
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It is to be noted that a prescriptive right arises where there has been user as of right in which the servient owner has, with the requisite degree of knowledge (which is not an issue in the present case), acquiesced. Therefore mere acquiescence in or tolerance of the user by the servient owner cannot prevent the user being user as of right for purposes of prescription.
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R v Oxfordshire County Council, ex parte Sunningwell Parish Council
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The unifying element in these three vitiating circumstances was that each constituted a reason why it would not have been reasonable to expect the owner to resist the exercise of the right–in the first case, because rights should not be acquired by the use of force, in the second, because the owner would not have known of the user and in the third, because he had consented to the user, but for a limited period.
In the normal case, of course, outward appearance and inward belief will coincide. A person who believes he has the right to use a footpath will use it in the way in which a person having such a right would use it. But user which is apparently as of right cannot be discounted merely because, as will often be the case, many of the users over a long period were subjectively indifferent as to whether a right existed, or even had private knowledge that it did not.
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Moncrieff v Jamieson and Others
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A second necessary qualification to the proposition afore-stated would be that the grant of a right that required some positive action to be undertaken by the owner of the servient land in order to enable the right to be enjoyed by the grantee could not, in my opinion, be a servitude. The right to use the pool would be no more than an in personam contractual right at best.
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British Railways Board v Glass
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If there be a radical change in the character of the dominant tenement, then the prescriptive right will not extend to it in that condition. The obvious example is a change of a small doling house to a large hotel, but there has been no change of that character according to the facts found in this case.
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Anti-social Behaviour, Crime and Policing Act 2014
... ... “public place” means a place to which at the material time the public or a section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission ... (11) In this Part “exclusion period” has the meaning given by subsection (1) (b) ... ...
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Prescription Act 1832
... ... the same, Thatno Claim which may be lawfully made at the Common Law, by Custom, Prescription, or Grant, to any Right of Common or other Profit or Benefit to be taken and enjoyed from or upon any Land of our Sovereign Lord the King, His Heirs or Successors, or any ... ...
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Neighbourhood Planning Act 2017
... ... (4) For the purposes of this Chapter references to acquiring land include references to acquiring a right over land by creation ... 19: Procedure for authorising temporary possession etc ... (1) This section sets out how an acquiring authority may be ... ...
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The Town and Country Planning (Development Management Procedure) (England) Order 2015
... ... provisions of the development plan in force in the area in which the land to which the application relates is situated, or(c) would affect a right of way to which Part 3 of the Wildlife and Countryside Act 1981 (public rights of way) applies,the application must be publicised in the manner ... ...
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Five-foot ways as public and private domain in Singapore and beyond
Purpose: This paper aims to explore the concept and spread of the five-foot way (5FW) as an aspect of urban design peculiar to Southeast Asia. It locates the 5FW as an aspect of planning law and pr...... ... from the elements and for public–private interaction.It finds thatregulation of 5FWs should be undertaken with due regard both to public right of way and to the culturalelementof making private use of the space.Originality/value –The originality of the article lies in the fact that the ... ...
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Is the RBS way the right way?
...Following the computer systems failure at the Royal Bank of Scotland (RBS) recently, which left millions of customers without access to their bank accounts, RBS is now considering legal action against its technology suppliers. But I don't know if you......
- Which way from left to right? On the relation between voters’ issue preferences and left–right orientation in West European democracies
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Re-articulating Dissent: Representing the Working Class from Third Way to New Right in Britain and Chile
This article takes the 2010 electoral defeats of the Chilean Concertación and British New Labour governments as a point of departure to analyse the crisis of representation in Third Way politics an...
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Order for interim injunction
Chancery forms, including claim forms and applications for orders.... ... acts set out in this Order. [You should read it all carefully. You are advised to consult a Solicitor as soon as possible]. You have a right to ask the Court to vary or discharge this Order ... (2) If you disobey this Order you may be found guilty of Contempt of ... ...
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Apply for an interim possession order for a property
County Court forms including the N1 money claim form.... ... Mr, ... Mrs or Miss) ... and address ... The claimant is claiming possession of ... on the grounds that the claimant has an immediate right to possession and that the ... person(s) in occupation of the premises is (are) in occupation without consent ... Application issued on ... The ... ...
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Give a witness statement about a person who lacks capacity
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... statement. Please mark each separate sheet ... with all of the information provided in the box in ... the top-right corner of this page ... • If you are filing written evidence with the ... court then it should be included in or attached ... to this form ... ...
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Demand immediate payment of a debt from a limited company ('statutory demand')
Forms relating to bankruptcy and insolvency, including the application for a certificate to show your bankruptcy has ended.... ... NOTE: ... The Company has the right to make an application to the court(*) for an injunction restraining the creditor from presenting a winding-up petition or from advertising it ... ... ...