Right of Way in UK Law

  • Mills and Another v Silver and Others
    • Court of Appeal (Civil Division)
    • 06 July 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 ... ...
  • Jaggard v Sawyer
    • Court of Appeal (Civil Division)
    • 18 July 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 ... ...
  • Wheeler v JJ Saunders Ltd
    • Court of Appeal (Civil Division)
    • 19 December 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 ... ...
  • R v Sunderland City Council, ex parte Beresford
    • House of Lords
    • 13 November 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: ... ...
  • Re Ellenborough Park; Re Davies, deceased; Powell v Maddison
    • Court of Appeal
    • 15 November 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 ... ...
  • Moncrieff v Jamieson and Others
    • House of Lords
    • 17 October 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 ... ...
  • Slim v Daily Telegraph Ltd
    • Court of Appeal (Civil Division)
    • 17 January 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 ... ...
  • Patel v W. H. Smith (Eziot) Ltd
    • Court of Appeal (Civil Division)
    • 28 January 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 ... ...
  • Morris v Redland Bricks Ltd
    • House of Lords
    • 13 May 1969
    ... ... v. Mitchell 11 A.C. 127) that if a person withdraws support from his neighbour's land that gives no right of action at law to that neighbour until damage to his land has thereby been suffered; damage is the gist of the action. When such damage occurs the ... ...
  • Knight v Clifton
    • Court of Appeal (Civil Division)
    • 18 December 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 ... ...
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