Q&As

An express right of way has been granted which states that it is for all purposes and at all times, along a drive or way having a uniform width of 9 feet or thereabouts. Does this mean that heavy goods vehicles can use the driveway to access the dominant land for the purposes of development (an extension of a residential property), or could this be excessive use? Can 9 feet 'or thereabouts' mean more or less 9 feet, rather than strictly 9 feet?

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Published on: 06 September 2016
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Excessive use

The courts have held that the simple fact that there has been an increase in the volume of traffic using a Right of way, does not in itself amount to excessive use of the right of way. See cases such as: Sloan v Holliday; British Railways Board v Glass; Woodhouse v Kirkwood.

The express wording of the Easement is what will bind the parties.

Where the development of the dominant land threatens an excessive use of the easement, the court has determined that two questions must be asked:

  1. •

    does the development

Elizabeth England
Elizabeth England

Employed as a housing case worker in 2015 at award winning legal aid practice Turpin & Miller Solicitors in Oxford, trained and later became head of the housing team. After a series of high-profile cases, she moved to north-west specialist housing firm Pearson & Johnson Solicitors advising and representing local authorities and registered social landlords. Whilst there she obtained Higher Rights and conducted advocacy on behalf of the firm in the range of housing law issues. In 2014 was invited to join London chambers 42 Bedford Row to work with a specialist housing law team. Now represents a range of clients from inner-London borough councils to private clients in the full spectrum of housing law. Elizabeth provides regular training to the London Borough Legal Association. Recent cases include

    Obtaining and enforcing possession orders for landlords
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Jurisdiction(s):
United Kingdom
Key definition:
Right of way definition
What does Right of way mean?

An easement conferring a right to travel across land.

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