[2009] EWHC 607 (Ch), 20 April 2009. The case considers whether a landowner can unilaterally grant a new right of way and extinguish an old right of way. Mr Heslop (H) owned a property. Michael John Bishton (B) remained the owner of a passageway between H's land and another property. A right of way allowed householders to access the passageway. H built a wall and pillars to make a gateway which interfered with the passageway. The judge declared that there was a substantial interference with the right of way enjoyed by B and allowed B to pass on other parts of H's land to access the gateway. H appealed this decision. "Held:" The alternative right of way affected remedy and extinguished the original right of way for the dominant landowner. The availability of the new route should not extinguish the former right of way. With this new route, H only granted the licence of right of way for ten years which leaves B in an unsecure position as to his right of way after this period of time. The judge was right in his decisions. The appeal is dismissed.