header-logo header-logo

Driven to the edge

25 September 2015 / Amy Proferes
Issue: 7669 / Categories: Features
printer mail-detail
nlj_7669_proferes

Amy Proferes discusses establishing rights of way & determining their scope

Disputed rights of way remain a perennial favourite amongst both property lawyers and feuding neighbours. The recent Court of Appeal decision in Wood v Waddington [2015] EWCA Civ 538, [2015] All ER (D) 08 (Jun) provides some clarifications as to the relevant principles.

Mr and Mrs Wood bought a rural home, planning to expand the livery business which had operated from the property since 2000. Their neighbour Mr Waddington objected to their use of a track running across his land to a nearby bridleway, which the previous owners had customarily used when accessing the bridleway with horses. Mr Waddington had purchased his land in 1998 when the original estate was subdivided, at the same time as the Woods’ predecessors in title.

The Woods claimed a right of way by express grant over the track, for use by vehicles, pedestrians and animals. The 1998 conveyance dealt with various rights in detail and then stated that: “Save as varied by the preceding sub-clauses of this cl

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll