Prescription – Lost Modern Grant – Right of Way – Absence of Permission

Easements & Profits a Pendre – Prescription – Requirements and acquisition

Servitude – User condition – Application to discharge – Access – Discharge – Permitted use – Scotland – Servitudes – Title conditions – Variation

Easement Restrictive covenant – Planning – Right of way –  s.84 of the Law of Property Act 1925 – No jurisdiction – Limitation

LANDLORD AND TENANT — Covenant — Fencing — Deed of conveyance placing defendant as leasehold proprietor under fencing obligation — Whether obligation covenant or easement — Whether possible to grant fencing easement by express grant

Landlord and Tenant – Access – Agreements – Derogation from grant – Landlords’ rights – Leases – Quiet enjoyment – Rights of way – Tenancies – Whether the landlords’ rights of entry under tenancy agreements were wide enough to permit them to carry out the activities that they wish to undertake

Section 31 (1) of the Highways Act 1981 – Public right of way – Positive prescription – Interruption – De minimis – Dedication – Definitive maps and statements – Footpaths – Public rights of way – Use

Prescription – Right to park vehicles – Whether placing of notices by land owner sufficient to prevent acquisition of right – Whether further action required if user continues in fact of protest

Grant of rights of way – Express terms – Law of Property Act 1925, s.62 – Rule in Wheeldon v Burrows

British Waterways Act 1983, s.8 – Notice to remove vessel permanently moored by riparian owner – Extent of riparian rights – Mooring on tidal water – Whether action “unlawful”

Highways Act 1980, s.31 – Deemed dedication – Whether evidence supported recording as a restricted byway – Countryside Act 1968, s.30 – Use of bridleway by cyclists – Whether sufficient to support non-mechanically propelled vehicular use

Prescription – Right of way – Extent of rights – Limitation by reference to rights exercised during prescription period

Right of way – ‘All reasonable and usual purposes’ – Whether those words limited to context of the use at time of grant

Right of way – Excessive use – Unlawful – Prescriptive right – Driveway – Unreasonable interference – Drainage – Whether claimant’s development land resulting in unreasonable use of right of way by interfering with defendants’ use

Right of way – Covenants – Excessive use – Trespass – Diversification

Grazing – Dominant tenement – Respondents purchasing land used by appellant for grazing ponies – profit à prendre – Adjudicator refusing to register right on the ground that it did not benefit the estate

Servitude – Right of Way  – Interference – Interdict (scoticé) – Easements – Farms – Gates – Interference with easements – Livestock – Rights of way

Right of way – Erection of gates – Interference to users of right of way

Sporting Rights – Freehold and Concurrent Leasehold Land – Restriction in exercising sporting rights

Wildlife and Countryside Act 1981, s.53 – Definitive map and statement – Highways Act 1980, s.31 – Deemed dedication – Evidence sufficient to show lack of intention to dedicate – Need to bring that lack of intention to the notice of those members of the public using the way

Rights appurtenant to timeshare – Recreational rights – Whether merely personal or capable of forming the subject of an easement – Whether subject to any duty to contribute to cost of provision

Recovery of possession – Whether owners entitled to recover possession of subsoil of land crossed by public footpath – European Convention on Human Rights, arts. 8, 10 & 11 – Right to respect for home, to freedom of expression, to peaceful assembly

Public footpath – Definitive map and statement not amended following variation Order – Whether continued use of former route amounted to prescription under s.31 Highways Act 1980 – Nature of the test of use: nec vi, nec clam, nec precario

Rights of way – Acquisition by express grant – Law of Property Act 1925, s.62 – Application to rights “enjoyed with” land prior to conveyance – Rule in Wheeldon v Burrows – Rights “necessary” for use and enjoyment of land – Reduction of width of right of way – Whether “intereference”