Q&As

A is purchasing a private road which gives access to four houses and also a water meadow. Besides any obligations on the title to the road, are there any implied obligations on the owner of the road (for say repair and maintenance). Also the road runs over a river (so there is a bridge) are there any environmental (or other) issues to be considered say in respect of run-off into the river?

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Published on: 10 October 2024
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In the absence of any express obligation to repair, the general rule is that neither the dominant or the servient owner (see Jones v Price at [631] and Duke of Westminster v Guild Duke of Westminster v Guild at [700F]) is under any obligation to repair a right of way. Taylor v Whitehead [1781] 2 Doug KB 745 (not reported by LexisNexis®UK) and Ingram v Morecraft [1863] 33 Beav 49 at [51–52] (not reported by LexisNexis®UK) suggest that as a

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