Ensure That A Right Of Way Fits The Bill

Developers are fully aware that it is essential for them to ensure that a development site has the necessary right of way to and from a public highway. Without an appropriate easement there is a very detrimental impact on the value and mortgageability of the development site.

A recent Court of Appeal decision is a reminder that even where there are express rights of way "at all times and for all purposes" this may not be sufficient if a developer is planning a material increase in the frequency with which the right of way is exercised.

In the recent Court case, the owner of the route of the right of way argued that the proposed change of use in the site from grazing and storage to residential use in the form of three dwellings was not acceptable as the right was limited...