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ARTICLE · 30 JULY 2020

Q&A: Trespass

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

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Where the dominant owner has an express right of way at all time for all purposes, can the dominant owner use a wider part of right of way to turn their vehicles by three point turn...

United KingdomReal Estate and Construction
Emma Preece
Emma Preece

Question

Where the dominant owner has an express right of way at all time for all purposes, can the dominant owner use a wider part of right of way to turn their vehicles by three point turn, i.e. is there an implied right to turn?

Answer

Nature and extent of rights of way

In the case of an express grant of a right of way, the extent of the right granted depends on the express terms of the grant. A court will construe the language of the deed in the light of the circumstances and the intention of the parties at the time of the grant.

If the scope of the words contained within the express easement do not expressly outline a right to turn, which appears to be the position from your question, then there will be no express right to turn.

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