Rights of way
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Grants and reservations of rights of way fall foul of the law against perpetuities
An appeal from a decision concerning the grant and reservation of rights of way
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Easements: what constitutes excessive use of a right of way?
A right of way expressly granted “at all times and for all purposes” is capable of accommodating…
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Annetts v Adeleye
Right of way – Abandonment – Covenant to fence – Right of way created by owner of access way in favour of purchaser of adjoining land – Strip of land…
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R (on the application of Roxlena Ltd) v Cumbria County Council
Right of way Definitive map and statement
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How wide are the exceptions to the rule in Harris v Flower?
The general rule is that, where a person has a right of way over one piece of land to get to another, he cannot use the right of way to…
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What qualifies as unlawful obstruction of a prescriptive right of way?
Bramwell and Low Meadows Equestrian Centre Ltd v Peter Robinson [2016 EWHC B26(Ch)] is a useful illustration of unjustified interference with the exercise by others of a prescriptive right of…
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Rights of way: lost highways found
Richard Manyon walks readers through a recent decision on rights of way
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Whitworth and others v Secretary of State for Environment, Food and Rural Affairs
Right of way – Definitive map and statement – Modification order – Section 31 of Highways Act 1980 – Section 30(1) of Countryside Act 1968 – Respondent’s inspector confirming order…
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Kotarski and another v Secretary of State for Environment, Food and Rural Affairs
Public rights of way – Modification order
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Kotarski and another v Secretary of State for Environment, Food and Rural Affairs
Public footpath – Section 53 of Wildlife and Countryside Act 1981 – Modification of definitive map and statement – Map modified to show footpath – Footpath recorded in definitive statement…
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Maroudas v Secretary of State for Environment, Food and Rural Affairs
Rights of way – Definitive map and statement – Application to upgrade path to byway open to all traffic – Original application unsigned, undated and not accompanied by map showing…