Q&As

Where dominant land has a right of way over servient land with an obligation to contribute to maintenance costs, but there is no obligation on the servient owner to repair, or right for the dominant owner to enter and repair, are there any common law rights on which the dominant owner can rely as the corporate servient owner is now dissolved?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 19/06/2018

The following Property Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • Where dominant land has a right of way over servient land with an obligation to contribute to maintenance costs, but there is no obligation on the servient owner to repair, or right for the dominant owner to enter and repair, are there any common law rights on which the dominant owner can rely as the corporate servient owner is now dissolved?

Where dominant land has a right of way over servient land with an obligation to contribute to maintenance costs, but there is no obligation on the servient owner to repair, or right for the dominant owner to enter and repair, are there any common law rights on which the dominant owner can rely as the corporate servient owner is now dissolved?

In a case of an express grant of right of way, irrespective of whether the dominant owner, ie the owner of the land benefitting from the right of way, is given an express right to enter onto the servient land to carry out repairs to the right of way, the dominant owner will have a common law right to do so, but only to do necessary work in a reasonable manner. See Carter v Cole. Repair for this purpose can include making alterations and improvements to the way to meet

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