Right of Way in UK Law

Leading Cases
  • Keefe v Amor
    • Court of Appeal
    • 16 April 1964

    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.

  • Mills and Another v Silver and Others
    • Court of Appeal (Civil Division)
    • 06 July 1990

    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.

  • Jelbert v Davis
    • Court of Appeal (Civil Division)
    • 14 February 1968

    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.

  • R v Oxfordshire County Council, ex parte Sunningwell Parish Council
    • House of Lords
    • 24 June 1999

  • Moncrieff v Jamieson and Others
    • House of Lords
    • 17 October 2007

    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.

  • British Railways Board v Glass
    • Court of Appeal
    • 29 July 1964

    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.

  • Sweet and Another v Sommer and Another
    • Chancery Division
    • 25 June 2004

    Accordingly, the only real question in relation to this right of way is whether it was an overriding interest within Rule 258. Mr Sharples submitted that there were two reasons why it could not be. First, he submitted that there was little if any evidence of actual use by the owners of the northern field of the way at the time of the first defendant's purchase.

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Legislation
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • January 01, 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) ... ...
  • Prescription Act 1832
    • UK Non-devolved
    • January 01, 1832
    ... ... Prescription Act 18321832 c.71An Act for shortening the time of prescription in certain cases.[1st August 1832] ... 1: Claims to right of common and other profits a prendre,not to be defeated after thirty years enjoyment by merely showing the commencement; after sixty years enjoyment ... ...
  • Neighbourhood Planning Act 2017
    • UK Non-devolved
    • January 01, 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 ... ...
  • The Town and Country Planning (Development Management Procedure) (England) Order 2015
    • UK Non-devolved
    • January 01, 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) M28 applies,the application must be publicised in the manner ... ...
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Books & Journal Articles
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Forms
  • Order for interim injunction
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Apply for an interim possession order for a property
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Give a witness statement about a person who lacks capacity
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Demand immediate payment of a debt from a limited company ('statutory demand')
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ... ...
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