Public right of way meaning

A property might: have the benefit of easements capable of exercise over other property, or be subject to easements exercised over the property for the benefit of other property. The land over which an easement is exercised is the servient land. The land enjoying the benefit of an easement is the dominant land. An easement may entitle the owner of the dominant land to: use the servient land (e.g. a right of way), or receive something from the servient land without interference or obstruction (e.g. a right of light, air or support). An easement may require the owner of the servient land to refrain from using the servient land in such a manner as to interfere with the easement, for example: by keeping any right of way over the servient land clear and unobstructed, or by not building on the servient land in such a way as to obstruct the light...

Poste Hotels Ltd v Cousins [2020] EWHC 582 (Ch) The central question was whether the defendant enjoyed a parking easement giving her the liberty to leave a vehicle in Church Court, Stamford. The County Court judge found that she had acquired such a parking right by prescription, and the claimant challenged that conclusion on appeal. What are the practical implications of this case? The ruling restates key principles on prescriptive easements that advisers should note: Where there are two plausible lawful bases for the use, and the pattern of enjoyment fits either explanation equally, use as of right is not made out A prior grant of a right of way across the car park did not prevent the car park owner from being capable of granting a (hypothetical) right to park, which would operate subject to the earlier right of way; however, the prior grant could not be disturbed Parking may still be ‘as of right’ even if it is exercised subject to the...

Original news Wood v Waddington [2015] EWCA Civ 538 The core question was whether Mr and Mrs Wood possessed rights of way over land owned by Mr Waddington. The Woods relied on four alternative grounds: that the rights were conferred by an express grant that they passed by virtue of s 62 of the Law of Property Act 1925 that they arose under the rule in Wheeldon v Burrows (1879) 12 Ch D 31, [1874–80] All ER Rep 669 that they were implied from the parties’ common intention that the conveyed land would be used in a definite and particular manner The High Court had earlier found the Woods were not entitled to any of the rights claimed. They appealed to the Court of Appeal. What were the facts of the case? As successors in title to the previous proprietors, the Woods asserted two rights: to go across a parcel of land to reach...

Background This appeal examines the breadth of the public’s access rights over Dartmoor under DCA 1985, s 10(1). The court was asked to decide whether that provision gives members of the public permission to erect tents or otherwise camp overnight on the Dartmoor Commons (the Commons). Section 10(1) states, in effect, that, subject to the Act and observance of any rules, regulations or byelaws in force for the commons, the public enjoys a right of access to the commons on foot or on horseback for the purpose of outdoor recreation. The Dartmoor National Park (DNPA) was designated as a national park in 1951 under the National Parks and Access to the Countryside Act 1949 (NPACA 1949). Within DNPA there are areas of moorland that are privately owned, yet other local people hold rights to place their livestock there. The appellants, Mr and Mrs Darwall (the Darwalls), are farmers, landowners and commoners who have owned and lived at Blachford Manor on Dartmoor since 2013. The Darwalls’ land includes...

The right to roam over open land shares traits with the ability to move from A to B that defines a public highway, yet it exists solely by statute. It is chiefly contained in the Countryside and Rights of Way Act 2000 (CRWA 2000). Unlike highway rights, roaming requires no fixed origin or destination in either use or definition. CRWA 2000 was brought in to clarify and broaden the public’s right to walk across open countryside. The legislation’s assorted regulations and restrictions make plain that walking is allowed, while walkers must respect the rights of other countryside users. CRWA 2000 was brought in to clarify and broaden the public’s right to walk across open countryside. The legislation’s assorted regulations and restrictions make plain that walking is allowed, while walkers must respect the rights of other countryside users. Access land CRWA 2000 provides and defines access solely on access land. Many exceptions and restrictions apply to the right to roam on access land...

PI & Clinical negligence horizon scanner—July 2025 [Archived] ARCHIVED: This Practice Note is archived and is not maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at July 2025. For developments predating this horizon scanner, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments The personal injury discount rate—a review In late 2024, the Lord Chancellor, Shabana Mahmood MP, revealed the outcome of her five‑month review of the discount rate, initiated in July 2024. One month after the new +0.5% discount rate took effect, Thea Wilson (barrister at 12 King’s Bench Walk) assesses its impact on cases, the responses from claimant and defendant representatives, and the consequences of the change for legal practitioners. See News Analysis: The personal injury discount rate—a review. MoJ announces reduction in CFO’s interest rates The Ministry of Justice (MoJ) has announced lower interest rates for the Courts Funds Office’s (CFO) special and basic accounts...

This Practice Note outlines the legislative foundation, character and role of the definitive map and statement that a highway authority must maintain for the public rights of way within its area, under the Wildlife and Countryside Act 1981 (WCA 1981). It describes the authority’s obligation to keep the map and statement under continual review, to update and amend them when needed, and the events and orders that will necessitate alteration of the map and statement. It also details the procedures for making a modification order, whether commenced by the authority or prompted by an application to the authority from another party. It clarifies what triggers a review and how alterations are implemented. Statutory basis and effect Each highway authority is required to compile, and keep under review, a definitive map and statement (DMS) of the public rights of way in its area. The map identifies the route and status of the highways. The statement specifies the alignment and width of the right of way, together with any limitations...

[ Name of Traffic Authority ] Public [ Highway or Public Right of Way ], [ Location i.e. Town, Village, Parish ] (Temporary Restriction on Through Traffic) Order [ Year ] Section 14(1) Road Traffic Regulation Act 1984...

[ Name of Traffic Authority ] PUBLIC [ ROAD OR PUBLIC RIGHT OF WAY ] , [ LOCATION ie TOWN, VILLAGE ] (TEMPORARY BAN ON THROUGH TRAFFIC) ORDER [ YEAR ] SECTION 14(1) ROAD TRAFFIC REGULATION ACT 1984...

ORDER ROAD TRAFFIC REGULATION ACT 1984 [ add name of borough or county council ] [ add public(s) right of way / road number(s), location, community ] (TEMPORARY PROHIBITION OF THROUGH TRAFFIC) ORDER [ add year ] WHEREAS the [ add name of council ] Borough/County Council (hereafter called ‘the Council’), acting as the traffic authority for that part of the [ add Public Right of Way and/or Road...