Q&As

Where there is a right of way registered on the freehold title, will this right automatically pass to the leasehold title?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 06 December 2019
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Where a freeholder seeks to demise their land, or part of their land, and that land is benefited by rights over third party land, it will be highly important that the tenant ensures that they obtain the same rights as the freeholder. This is particularly important if the land is otherwise landlocked, and, as a result, the only way of accessing the land is via a right of way. A right of way is a right granted to dominant land over adjoining servient land which allows the user of the dominant land to access it over the servient land or a defined part thereof. The right may be limited, for example to the right to pass and repass on foot, or may be a general right allowing

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Right of way definition
What does Right of way mean?

An easement conferring a right to travel across land.

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