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Right of escape – lost?
Two adjoining properties had mutual rights of escape (ie each benefited from a right to escape across the other). But, the wording was slightly different and one had a right of escape which was subject to provisos that (i) the roof and external staircase continued to exist, and (ii) it was the right of the other property owner to change the route from time to time.
Right of way – 'swing' space
Suppose your land is subject to an 8ft wide right of way. Can you erect a fence that is flush with the immediate sides of that right of way (ie so the two fences are exactly 8ft apart)?
Right of way – injunction
The last few months has seen several clear indicators of a willingness by the courts to enforce property rights by way of injunction, rather than allowing the offender to buy-out the right (by simply having to pay damages).
Right to light - damages
Right to light claims have become a very hot topic in recent months, with important developments in the law. In particular, most attention has focused on Regan [2006] where a residential occupier succeeded in getting an injunction against a neighbouring developer, even though it meant part of the development had to be demolished.
Right of way - abandonment?
The mere non-user of an easement (eg right of way) does not constitute abandonment of it. Something more is needed:
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