Right of Way in UK Law

  • Re Ellenborough Park; Re Davies, deceased; Powell v Maddison
    • Court of Appeal
    • 15 Novembro 1955
    ... ... certain houses fronting upon, or, in some few cases, adjacent to, the garden or park known as Ellen borough Park in Weston-super-Mare, have any right known to the law, and now Enforceable by them against the owners of the park, to the use and enjoyment of the park to the extent and in the manner ... ...
  • Jaggard v Sawyer
    • Court of Appeal (Civil Division)
    • 18 Julho 1994
    ... ... Numbers 1 to 4 lined the western side of the close (on the left as viewed from Bull Lane). Numbers 7 to 10 lined the eastern (right hand) side. At the far (or northern) end of the cul-de-sac were a semi-detached pair of houses numbered 5 and 6 ... 5 When Ashleigh Avenue was ... ...
  • Nickerson v Barraclough
    • Court of Appeal (Civil Division)
    • 15 Dezembro 1980
    ... ... 2 This is an appeal by the first defendant from a decision of the Vice-Chancellor relating to a claim by the plaintiff to a right of way over the defendant's land. The plaintiff is the owner of a field at New Waltham in Lincolnshire. According to the pleadings the field is at ... ...
  • Patel v W. H. Smith (Eziot) Ltd
    • Court of Appeal (Civil Division)
    • 28 Janeiro 1987
    ... ... When the two properties were separated in 1948 the conveyance of No. 32 included a right of way over the yard of No. 34 for the benefit of No. 32. It is conceded by the plaintiffs that this includes the right to park for the purposes of ... ...
  • Slim v Daily Telegraph Ltd
    • Court of Appeal (Civil Division)
    • 17 Janeiro 1968
    ... ... Its width along this stretch is only 9 or 10 ft. The public have a right of way along it on foot, but not with vehicles. Some years ago the Hammersmith Council put up a notice forbidding people to cycle along it. It was ... ...
  • Moncrieff v Jamieson and Others
    • House of Lords
    • 17 Outubro 2007
    ... ... rights conveyed by the disposition, to be enjoyed together with the lands on which the subjects are situated, was the following: "(Fourth) a right of access from the branch public road through Sandsound." The branch public road is the road referred to as the Sandsound public road in the previous ... ...
  • Mills and Another v Silver and Others
    • Court of Appeal (Civil Division)
    • 06 Julho 1990
    ... ... The principal question is whether the appellants are entitled to a right of way with vehicles between their property called Coed Major and the Hay-Craswall main road over a track referred to as "the disputed track" across ... ...
  • Wheeler v JJ Saunders Ltd
    • Court of Appeal (Civil Division)
    • 19 Dezembro 1995
    ... ... Saunders Limited, the first defendant. The action is brought first upon a complaint that J. J. Sounders Limited had obstructed a right of way to the house over land of the farm; secondly, in respect of various activities on the farm which are said to constitute a nuisance ... 3 ... ...
  • Knight v Clifton
    • Court of Appeal (Civil Division)
    • 18 Dezembro 1970
    ... ... LORD JUSTICE RUSSELL ... 1 This case concerns a private vehicular right of way that is alleged to exist leading from a woodland property of the Plaintiffs southwards over a field the property of the Defendants towards the ... ...
  • R v Sunderland City Council, ex parte Beresford
    • House of Lords
    • 13 Novembro 2003
    ... ... (for present purposes): "land … on which the inhabitants of any locality have … indulged in [lawful] sports and pastimes as of right for not less than twenty years." ... As Pill LJ rightly pointed out in R v Suffolk County Council, Ex p Steed (1996) 75 P & CR 102 , 111: ... ...
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