Amy Proferes discusses establishing rights of way & determining their scope
Disputed rights of way remain a perennial favourite amongst both property lawyers and feuding neighbours. The recent Court of Appeal decision in Wood v Waddington [2015] EWCA Civ 538, [2015] All ER (D) 08 (Jun) provides some clarifications as to the relevant principles.
Mr and Mrs Wood bought a rural home, planning to expand the livery business which had operated from the property since 2000. Their neighbour Mr Waddington objected to their use of a track running across his land to a nearby bridleway, which the previous owners had customarily used when accessing the bridleway with horses. Mr Waddington had purchased his land in 1998 when the original estate was subdivided, at the same time as the Woods’ predecessors in title.
The Woods claimed a right of way by express grant over the track, for use by vehicles, pedestrians and animals. The 1998 conveyance dealt with various rights in detail and then stated that: “Save as varied by the preceding sub-clauses of this cl 12 the property is sold subject to and with the
