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Scott and another v Martin and others

Language: English Series: Weekly Law Reports ; (1987) WLR 841-852(12)Publication details: 1987Subject(s): Summary: CA 4 March 1987 Appeal from a cc decision in favour of the defendents in a dispute between neighbours as to the extent of a right of way. The question raised was did it extend only to the metalled carriageway of a private road or to the verges on either side as presented in a plan annexed to the conveyance . CA held that although the conveyance did not expressly describe the road by reference to the plan, the plan was part of the conveyance and as the terms of the parcels were not clear, assistance should be obtained from the plan. Planning permission with which the plan accorded was admissible in evidence as part of the background facts and the conveyance must be construed on the basis that neither party intended it would involve a breach of planning permission. Having regard to the wording of the planning permission and the conveyance, the right of way included not only the metalled carriageway, but also the grass verges. Appeal allowed.
Holdings
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Law report London Journal article ABS37806 (Browse shelf(Opens below)) 1 Available 6844-1001

CA 4 March 1987 Appeal from a cc decision in favour of the defendents in a dispute between neighbours as to the extent of a right of way. The question raised was did it extend only to the metalled carriageway of a private road or to the verges on either side as presented in a plan annexed to the conveyance . CA held that although the conveyance did not expressly describe the road by reference to the plan, the plan was part of the conveyance and as the terms of the parcels were not clear, assistance should be obtained from the plan. Planning permission with which the plan accorded was admissible in evidence as part of the background facts and the conveyance must be construed on the basis that neither party intended it would involve a breach of planning permission. Having regard to the wording of the planning permission and the conveyance, the right of way included not only the metalled carriageway, but also the grass verges. Appeal allowed.