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Rights of way in context: “all times and all purposes” April 2016

25/04/2016

In the first e-bulletin of the year from the Guildhall Chambers Property and Estates Team, Malcolm Warner considers some of the criteria whereby the words ‘at all times and for all purposes’ in a right of way can be limited in effect.

Trying to cut down those classic words – “at all times and for all purposes” – is the stuff of many a set of instructions. Commonly the right of way has existed for years not troubling anyone and then a developer buys the land next door and plans to upgrade the right of way for the development for 30 houses. Can the servient owner object?

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