What happens when rights of way go wrong? James Naylor reports
The case of Brooks & Anor v Young & Anor [2008] EWCA Civ 816, [2008] All ER (D) 117 (Aug) provides a stark warning to property lawyers, to ensure that express rights of way are clearly and carefully drafted. Further, that when advising upon an existing grant, a cautious analysis as to the grant's meaning, term and effect is provided to the client.
Too much to Young?
The Youngs, and their two children, lived at No 34 Chatham Street, a terraced house. The Brooks lived with their children, next door, at No 36, an end-of-terrace house. Both houses enjoyed ordinary access from Chatham Street to their respective front doors. However No 34 had, in addition, the benefit of an express right of way: “…at all times…for the purposes of gaining access to and egress from the rear of [No 34] for all proper purposes connected with the reasonable enjoyment of the property causing as little damage as reasonably possible and forthwith making good any damage occasioned in the exercise of the right hereby granted”.
The
