| Commentary

126 Access

| Commentary

126 Access

Where a garden does not abut onto a public highway, a right of way should be granted for access to it over any intervening property. Where there is a right of way to land which the grantee is entitled to use as a garden and the grantor or his successor in title interferes with it, the courts will restrain the interference by injunction1.

A right of way to a house or part of a garden cannot generally be used to obtain access to any additional land later added to the garden served by the right of way2, nor can

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