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04 September 2008 / James Naylor
Issue: 7335 / Categories: Features , Property
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Love thy neighbour

What happens when rights of way go wrong? James Naylor reports

The case of Brooks & Anor v Young & Anor [2008] EWCA Civ 816, [2008] All ER (D) 117 (Aug) provides a stark warning to property lawyers, to ensure that express rights of way are clearly and carefully drafted. Further, that when advising upon an existing grant, a cautious analysis as to the grant's meaning, term and effect is provided to the client.
Too much to Young?

The Youngs, and their two children, lived at No 34 Chatham Street, a terraced house. The Brooks lived with their children, next door, at No 36, an end-of-terrace house. Both houses enjoyed ordinary access from Chatham Street to their respective front doors. However No 34 had, in addition, the benefit of an express right of way: “…at all times…for the purposes of gaining access to and egress from the rear of [No 34] for all proper purposes connected with the reasonable enjoyment of the property causing as little damage as reasonably possible and forthwith making good any

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NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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