Jurisdiction(s):
United Kingdom

Wood v Waddington (CA): s 62 LPA 1925 rights of way without diversity of occupation; continuous and apparent use suffices; commercial intensification allowed

Published on: 27 May 2015

Published by a LexisNexis Property expert

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Article summary

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 a track along which a public bridleway ran and thereby access the highway (use not limited to pedestrians and animals, but including vehicles)
to cross another stretch of...

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