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Oliver Vs Symons: Extent Of A Right Of Way

The Court of Appeal has ruled that, in the absence of evidence to the contrary, a right of way does not extend beyond the verges of the track over which it runs and does not include a right to swing space for wide loads extending beyond the verges of the track. The determination in the case of Oliver and another -v- Symons and Another [2012] EWCA Civ 267 provides useful guidance as to how the Courts interpret the extent of rights of way. Please speak to Julian Johnstone, Partner and Head of Druces LLP’s Litigation & Dispute Resolution team for further information and read our briefing note below.