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Rights of Way

Apr 19, 2016

When a right of way is granted it is best practice to state explicitly in the deed of grant exactly what ancillary rights the grantee should have.

The common law will only imply ancillary rights into the grant that are necessary for the reasonable enjoyment of the right granted. This will include a right to enter the grantor’s land to make the grant of the right of way effective (by for example constructing a road which may be necessary to exercise the right) and to maintain and repair the right of way in a reasonable manner.  

Important points to note are that: 

  1. There is no right to a visibility splay onto an adjoining road even if planning permission for construction of the way requires it, which can render the right useless in some cases
  2. There is no obligation on the grantor to maintain and repair the way
  3. Costs of repair and maintenance must be borne by the grantee unless otherwise agreed
  4. There is usually no right to park, unless the right to park is found to be necessary for the use of the way.

Sam Cook

About the author

Sam Cook

Sam joined our Commercial and Property Litigation Team in 2016 after completing his training and practicing for three years at two leading regional law firms ...

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