Right of way
Right of way
- 2001
- Estates Gazette Case Summaries [2001] EGCS 33 (1) (17/03/01) .
"Nationwide Building Society v James Beauchamp" CA 2 March 2001.N began proceedings against J in July 1994 claiming that security obtained on the purchase of 10 plots was defective as it did not include provision for the estate road preventing local authority adoption of the road. J contended the claimant could build the road due to their right to perform any obligation that the borrowers had failed to perform. On appeal by the defendant it was ruled that a right of way over the land had been granted and that, as the borrowers had a right to construct the road to adoption standard, the claimant would have a similar right.
ACCESS
ROAD ACCESS
RIGHTS OF WAY
ADOPTION OF ROADS
SOLICITORS NEGLIGENCE
NATIONWIDE BUILDING SOCIETY V JAMES BEAUCHAMP
"Nationwide Building Society v James Beauchamp" CA 2 March 2001.N began proceedings against J in July 1994 claiming that security obtained on the purchase of 10 plots was defective as it did not include provision for the estate road preventing local authority adoption of the road. J contended the claimant could build the road due to their right to perform any obligation that the borrowers had failed to perform. On appeal by the defendant it was ruled that a right of way over the land had been granted and that, as the borrowers had a right to construct the road to adoption standard, the claimant would have a similar right.
ACCESS
ROAD ACCESS
RIGHTS OF WAY
ADOPTION OF ROADS
SOLICITORS NEGLIGENCE
NATIONWIDE BUILDING SOCIETY V JAMES BEAUCHAMP