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Landlords on guard after rights of way ruling

By: Contributor(s): Series: CSM (Chartered Surveyor Monthly) ; January 2001Publication details: 2001Subject(s): Summary: Looks at the case of "B&Q plc v Liverpool and Lancashire Properties Ltd" and the implications of the case for a landlord's right to alter rights granted in a lease. B&Q were successful in preventing the landlord from reducing the size of a turning circle as part of its access. The outcome of the case hinged on whether there was 'substantial interference' and the article considers how this affected the case and looks at an argument of 'ample right' as a more proper test in such as case as this.

Looks at the case of "B&Q plc v Liverpool and Lancashire Properties Ltd" and the implications of the case for a landlord's right to alter rights granted in a lease. B&Q were successful in preventing the landlord from reducing the size of a turning circle as part of its access. The outcome of the case hinged on whether there was 'substantial interference' and the article considers how this affected the case and looks at an argument of 'ample right' as a more proper test in such as case as this.