A right of way benefiting one piece of land can in some circumstances be interpreted to include an additional right to another separate piece of land, but whether that applies will depend upon the facts of the case.
Paul Greatholder appears in Property Law Journal outlining the case of Gore v Naheed, which considered conflicting case law on whether a right of way used to access an additional piece of land amounts to an easement.
This article first appeared in the March 2018 issue of the Property Law Journal, published by Legalease Ltd.
Paul is a partner in the property litigation team. He advises businesses, charities and individuals on all aspects of property disputes and their avoidance. Paul’s work covers enforcement of lease terms, recovery of money, real estate property disputes, and he has a specialism in business tenancy law.
Rights of way: can you change your ways?.pdf