Right of Way in UK Law

Leading Cases
  • Keefe v Amor
    • Court of Appeal
    • 16 Abril 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.

  • Goldsmith v Sperrings Ltd
    • Court of Appeal (Civil Division)
    • 23 Febrero 1977

    On the other hand, if it can be shown that a litigant is pursuing an ulterior purpose unrelated to the subject matter of the litigation and that, but for his ulterior purpose, he would not have commenced proceedings at all, that is an abuse of process.

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

    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.

    But this did not mean that the user had not been as of right. The purpose of the Act of 1932 was to make it unnecessary to infer an actual dedication and, in the absence of specific rebutting evidence, to treat user as of right as sufficient to establish the public right. One of the reasons given by the Court of Appeal for rejecting the claim was that the coal gathering which had taken place could be referable to tolerance on the part of the Crown as owner of the sea shore.

  • Mills and Another v Silver and Others
    • Court of Appeal (Civil Division)
    • 06 Julio 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.

  • Jaggard v Sawyer
    • Court of Appeal (Civil Division)
    • 18 Julio 1994

    Reported cases are merely illustrations of circumstances in which particular judges have exercised their discretion, in some cases by granting an injunction, and in others by awarding damages instead. Since they are all cases on the exercise of a discretion, none of them is a binding authority on how the discretion should be exercised. The most that any of them can demonstrate is that in similar circumstances it would not be wrong to exercise the discretion in the same way.

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Legislation
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Books & Journal Articles
  • Five-foot ways as public and private domain in Singapore and beyond
    • Núm. 10-1, Abril 2018
    • Journal of Property, Planning and Environmental Law
    • 36-55
    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 ......
  • Recent Book: The Right Way?: Police Management Handbook
    • Núm. 53-2, Abril 1980
    • Police Journal: Theory, Practice and Principles
  • Is the RBS way the right way?
    • Núm. 2012, Febrero 2012
    • Financial Management (UK)
    • Lees, Gillian
    • From the blogs
    ...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......
  • The A.T.M. Electro-Matic Traffic Control System
    • Núm. 5-4, Octubre 1932
    • Police Journal: Theory, Practice and Principles
    ...... control at intersections or road junctions is one in which every vehicle approaching an intersection automatically secures right-of-way at the earliest possible moment, with due regard to the claims of other vehicles approaching the intersection from other ......
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