Q&As

A is purchasing a private road which gives access to four houses and also a water meadow. Besides any obligations on the title to the road, are there any implied obligations on the owner of the road (for say repair and maintenance). Also the road runs over a river (so there is a bridge) are there any environmental (or other) issues to be considered say in respect of run-off into the river?

read titleRead full title
Copyright © 2025 LexisNexis
Published by a LexisNexis Property expert
Published on: 10 October 2024

In the absence of any express obligation to repair, the general rule is that neither the dominant or the servient owner (see Jones v Price at [631] and Duke of Westminster v Guild Duke of Westminster v Guild at [700F]) is under any obligation to repair a right of way. Taylor v Whitehead [1781] 2 Doug KB 745 (not reported by LexisNexis®UK) and Ingram v Morecraft [1863] 33 Beav 49 at [51–52] (not reported by LexisNexis®UK) suggest that as a

Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Popular documents

In a transfer of land if the rights reserved are stated to be ‘reserved for the benefit of the transferor

In a transfer of land if the rights reserved are stated to be ‘reserved for the benefit of the transferor and their successors in title the owners and occupiers of the retained land or any part thereof and all persons authorised by them’, does this create a valid reservation of rights for the

Easements and perpetuities

Easements and perpetuitiesDrafting — Perpetuities and Accumulations Act 2009The Perpetuities and Accumulations Act 2009 (PAA 2009) effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010. This means that the draftsman creating the grant of the

Easements—extinguishing

Easements—extinguishingThere are different ways in which an easement may cease to exist and this Practice Note looks primarily at unity of seisin, also known as unity of ownership.For other ways in which an easement may be extinguished, consider:•abandonment—see Practice Note: Easements lost by

The Prescription Act 1832 states ‘...The claimant must show a period of use of 20 years immediately

The Prescription Act 1832 states ‘...The claimant must show a period of use of 20 years immediately preceding the claim’. A claimant establishes more than 20 years user of a right of access and is then sent letters by the servient owner stating there is no access. More than a year later a claim for