Right of Way in UK Law

Leading Cases
  • Keefe v Amor
    • Court of Appeal
    • 16 Abr 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 Fev 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.

  • St. Edmundsbury and Ipswich Diocesan Board of Finance v Clark (No. 2)
    • Court of Appeal (Civil Division)
    • 18 Dez 1974

    It seems to us that this approach is contrary to well-established principle. It is no doubt true that in order to construe an instrument one looks first at the instrument and no doubt one may form a preliminary impression upon such inspection. But it is not until one has considered the instrument and the surrounding circumstances in conjunction that one concludes the process of construction.

  • Graham v Philcox
    • Court of Appeal (Civil Division)
    • 18 Abr 1984

    The grant by which the right of way was originally created was a term of five years; but there were no specific limitations to that grant. I agree with what has already been said by Lord Justice May in relation to Mr. Reid's submissions that the learned judge erred in considering the user of the way by the vendor rather than the user of the right of way with the land (see the quotations from the judgments in International Tea Stores Co. v. Hobbs and Lewis v. Meredith in his judgment).

  • R v Oxfordshire County Council, ex parte Sunningwell Parish Council
    • House of Lords
    • 24 Jun 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.

  • Moncrieff v Jamieson and Others
    • House of Lords
    • 17 Out 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.

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

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Books & Journal Articles
  • Five-foot ways as public and private domain in Singapore and beyond
    • Núm. 10-1, April 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 ......
  • Is the RBS way the right way?
    • Núm. 2012, February 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......
  • Lost on the Way Home? The Right to Life in Northern Ireland
    • Núm. 32-1, March 2005
    • Journal of Law and Society
    This article starts from the premise that, through the Belfast Agreement, the Human Rights Act 1998 (HRA) was invested with a ‘transitional justice’ function in Northern Ireland, unlike in the rest...
  • ‘The right way to be a woman’: Negotiating femininity in a prison-based drug treatment programme
    • Núm. 21-1, January 2019
    • Punishment & Society
    Drawing from an ethnographic study in a drug treatment wing for women in a Danish prison, the authors explore how femininity is negotiated between prisoners and staff. It is shown how the staff vie...
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