2018 Guide to Private Rights of Way

2 CPD Hours

Competency/Learning Objective - Legal knowledge and skills

Private rights of way continue to give rise to considerable arguments between neighbours and (to the frustration of the judiciary) costly and time-consuming litigation. This course examines the governing principles in relation to express and implied rights. Links to the source materials are provided. 

By the end of the course you will be able to advise authoritatively as to:

  • how to interpret express rights of way, with reference to recent cases such as Shaw v Grouby and another [2017] EWCA Civ 233 and Lea v Ward [2017] EWHC 2231

  • when a right of way might be implied;

  • how a right of way can be acquired by prescription (and what steps can be taken by a landowner to prevent this from happening), with reference to recent cases such as Welford and others v Graham and another [2017] UKUT 297 and England Environmental (Northern) Ltd & Anor v Arthur Jones & Sons (Contractors) Ltd [2017] EWHC 1903

  • problems which can arise out of the use of a right of way, eg excessive user, parking, erection of gates, disrepair (with reference to Kingsgate Development Projects Ltd v Jordan and another [2017] EWHC 343)

  • when and how a right of way can come to an end

Course Dated: January 2018

About the Author:

Richard Quenby is a non-practising barrister and Lead Supervisory Lawyer at Berwin Leighton Paisner LLP. He is the current author of Ross: Commercial Leases (published by LexisNexis) and is co-author of "Flat Schemes in Residential and Mixed Use Developments" (published by Bloomsbury Publishing). Richard is also a member of the Consultant Editorial Board of LexisPSL and his published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is also the author of a number of other courses for Legal Training. Richard can be found on LinkedIn here.

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