Rights Of Way: Interfere or abandon?

Pinsent Masons | Property Law Journal | July/August 2014 #323
Anna Rawlings and Richard Bartle consider some recent cases involving rights of way ‘Dwyer serves as an important reminder of just how difficult it can be in practice to show that a right of way has been abandoned, and that non-user is not enough, on its own, to prove abandonment.’ Private rights of way are …

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Easements: Standing up for your rights

Charles Russell Speechlys LLP | Property Law Journal | May 2014 #321
Emma Humphreys assesses some recent cases involving rights of way disputes ‘The test of an actionable interference is whether it is reasonable for the grantee to insist on continuing to use the whole of the easement they have contracted for.’ A person whose property has the benefit of express rights granted in a conveyance may …

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