Q&As

A client, 'X', owns a private road. In 1982 they sold a field to 'Y' (for farming). At the time, the field had a gate offering access onto the private road. The transfer contained a right of way along the private road and express provision to access via the gate, the location of which was not defined. Y's son 'Z' has inherited the field. Z without consent, installed a new gate in a different position. He claims a right of way to the new gate. Is Z's right to use the private road limited to access/egress from the original position of the gate?

read titleRead full title
Published on LexisPSL on 22/07/2020

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A client, 'X', owns a private road. In 1982 they sold a field to 'Y' (for farming). At the time, the field had a gate offering access onto the private road. The transfer contained a right of way along the private road and express provision to access via the gate, the location of which was not defined. Y's son 'Z' has inherited the field. Z without consent, installed a new gate in a different position. He claims a right of way to the new gate. Is Z's right to use the private road limited to access/egress from the original position of the gate?

There is no hard and fast rule when it comes to interpreting easements, each one turns on its facts. However, the starting point with an expressly granted easement will always be the deed granting the easement which the court will interpret in its entirety and in its context. Unless clearly directed otherwise, the court will construe the grant in favour of the grantee or owner of the dominant land (William v James). In certain circumstances, the words used will be so unambiguous that no surrounding circumstances affect their construction. In other cases however, where drafting is not so clear, or circumstances have changed, then it will be a matter of construction eg: Alford v Hannaford. See: Practice Note:Easements—int

Related documents:

Popular documents