Q&As

A person has a right of access over a private road at all times and for all purposes. Does this right allow access to the dominant land at any point along its length including the right to create a new opening into the dominant land?

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Published on LexisPSL on 16/04/2019

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

  • A person has a right of access over a private road at all times and for all purposes. Does this right allow access to the dominant land at any point along its length including the right to create a new opening into the dominant land?

In this scenario, A has a right of way over a private road at all times and for all purposes. Therefore, in this Q&A, we are dealing with the express grant of a right of way and not one acquired by prescription or implication. We have also assumed that the private road directly abuts the dominant land. The question is whether the right allows access to the dominant land at any point over its length, including the right to create a new opening.

The extent of an expressly granted easement depends o

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