Home / Property / Easements, rights and covenants / Easements

Legal News

Right of way could not be used to access adjoining land

Copyright © 2025 LexisNexis
Published on: 26 June 2012
Published by a LexisNexis Property expert

Table of contents

  • Right of way cannot be used to accommodate another area
  • Criticism of Harris v Flower

Article summary

A right of way could only be used to access the defined area benefitting from the grant. It could not be used to access land adjoining the defined area.

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

Related documents:

4 News
View More
8 Q&As
View More
Powered by Lexis+®

Related documents:

4 News
View More
8 Q&As
View More

Popular documents

Are easements extinguished by unity of seisin where the servient tenement and part only of the dominant

Are easements extinguished by unity of seisin where the servient tenement and part only of the dominant tenement are in common ownership? Will the remainder of the dominant tenement continue to enjoy the easements over the servient tenement?Unity of seisin (in modern terms, unity of ownership) is

My clients have a right of way to 'pass and repass over and along the passageway on foot with or without

My clients have a right of way to 'pass and repass over and along the passageway on foot with or without handcarts and barrows', contained in their conveyance. This means that they can pass over their neighbours property. The neighbour is complaining that to pass and repass does not mean that they

Easements lost by abandonment

Easements lost by abandonmentIn order to show that an easement has been abandoned, the servient owner must show that the dominant owner had a clear and fixed intention never to:•exercise the right again on their own behalf, or•attempt to pass the right to anyone else Abandonment where the original

Checklist for the creation and registration of easements

Checklist for the creation and registration of easementsThis Checklist looks at how easements are created and how they must or may be registered at HM Land Registry. It includes the following key sections:•Is there an easement?•Is it capable of being a legal easement?•Has the easement been created