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The monthly magazine providing news analysis and professional research for the discerning private investor/landlord

Gore v Naheed – Rights of Way

Amy Sevier, Associate in the Property Dispute Resolution Team at SA Law, comments

In the recent case of Gore v Naheed [2017] EWCA C iv 369, the Court of Appeal carried out a comprehensive analysis of recent rights of way cases and it is a timely reminder that the extent of a right of way will depend on understanding the terms of its grant.

The facts
Mr Gore owned the Granary (“House”) which benefitted from an express right of way over a driveway (the “Drive”) granted in a previous conveyance. That right was “…to go and return along and over the private entrance road or way coloured yellow on the said plan for all purposes connected with the use and occupation of the said granary but not further or otherwise”.

An additional parcel of land (the “Garage”), which was adjacent to but distinct from the House, had been acquired by a previous owner of the House many years later meaning Mr Gore was now the owner of both the House and Garage. Mr Gore had no express right of way over the Drive to the Garage.

The Drive was owned by Mr Naheed, who had a shop, to the side of the Drive. Mr Naheed used the Drive for unloading deliveries to the shop thereby obstructing the Drive and preventing access to the House or Garage.

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