Q&As

Where a right of way is said to be 'at all times and for all purposes to pass and repass by foot only over and along the passageway', what does 'at all times' mean? Is it literal such that the right of way has to be available at all times or can it be blocked for short periods of time eg for deliveries etc?

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Published on LexisPSL on 07/04/2017

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

  • Where a right of way is said to be 'at all times and for all purposes to pass and repass by foot only over and along the passageway', what does 'at all times' mean? Is it literal such that the right of way has to be available at all times or can it be blocked for short periods of time eg for deliveries etc?

Where a right of way is said to be 'at all times and for all purposes to pass and repass by foot only over and along the passageway', what does 'at all times' mean? Is it literal such that the right of way has to be available at all times or can it be blocked for short periods of time eg for deliveries etc?

This Q&A raises the issues of how one interprets the wording of an easement and also the circumstances in which the person entitled to it may complain when it is obstructed.

Logically, the meaning and scope of the easement must be addressed first. It is only once that has been determined that one can start to consider whether the person with the benefit of the easement can complain at the landowner's use of it. In many cases, there will be a plan by reference to which the extent of the right of way can be identified. In other cases, a particular pathway will be described such that there is no doubt as to the line along which the right exists. If the person entitled to an easement

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