Rights of Way

The High Court has considered the meaning of a clause which transferred the benefit of “all advantages of a continuous nature” enjoyed by a property and whether this could include rights of way. The court also looked at the conflicting authorities on whether there was an absolute rule that rights of way could not pass under section 62 of the Law of Property Act 1925 if there was no prior diversity of ownership.

The court found that, on the evidence, the claimants were not entitled to the rights of way either by express grant, pursuant to section 62 or by any process of implication. The decision is interesting due to its analysis of the existing case law on section 62 and diversity of occupation.

Wood v Waddington [2014] EWHC 1358 (Ch).

Written by James Naylor

Partner, CG Naylor LLP.