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Right of way - right to park? |
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The general rule is that no right to park will be implied into a right of way. There is, however, a Scottish case which is often referred to as an authority for an implied right to park.
But, that was an exceptional case where a right of way to a property at the foot of a cliff could only be enjoyed if there was also a right to park at the top of the cliff where the gate led down to the property. Only in such an extreme situation can the court infer a right to park (ie because there needs to be such a right to be able, in practice, to use the right of way). Accordingly, in a recent case where a right of way had been granted, it might have been convenient and desirable for the grantee to be able to park in a particular location on the right of way, but it was not ‘reasonably necessary’. As such, it confirms a long line of authorities on this point, with the Scottish case of Moncrieff [2007] being regarded as a one-off, based on exceptional circumstances. Waterman v Boyle [2009] EWCA Civ 115. Source: www.practicallaw.com (subscription service).
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April 2009 |
