Wood v Waddington: A Continuous Battle

In Wood v Waddington [2015] EWCA Civ 538, Mr & Mrs Wood sought to claim the benefit of rights of way over land owned by Mr Waddington. The Court of Appeal has recently allowed the appeal against the first instance finding that the Woods did not enjoy the rights of way claimed and the decision highlights the importance of ascertaining the position on the ground whenever a property is purchased.

FACTS

The two parcels of land owned by the parties had previously been held by the same owner. In 1998, the owner divided up his land between a number of purchasers – including the predecessors to the parties in this case.

The transfers of the land contained detailed provisions dealing with the grant and reservation of rights and these followed much the same format. In addition to specific rights granted within the transfers, each document also contained a more general clause which confirmed that the sale included the "benefit of all liberties privileges and advantages of