Rights of Way
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Right of way "for all reasonable and usual purposes"
The Court of Appeal has recently considered the meaning of a right of way that had been granted "for all reasonable and usual purposes".
The phrase "for all reasonable and usual purposes" was intended to prohibit unreasonable and unusual purposes. The Court held that use of the dominant land for the building and occupation of dwelling houses was "reasonable and usual". The right of way could be used in connection with the residential development of the land.
This decision will no doubt be welcomed by developers.
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