2006] EWCA Civ 398, 11 April 2006. Concerns the right to repair and maintain a roadway. Appeal by CO against a decision that CA had the right to repair and maintain a particular roadway and that neither party was entitled to claim any contribution from the other until the work had been carried out. CA had sold land to CO but had reserved a right of way relating to an adjoining piece of land. CO and CA entered into a dispute over the wording of the reservation of the right of way contained in clause 3.2 of the land transfer which provided that CA could use the right of way on the condition of their contribution of 80% of the cost of maintenance of the right of way to CO within 28 days of their being requested to do so. "Held": appeal dismissed The common law contemplated the prospect that both the servient and the dominant owner had the right to repair. Clause 3.2 of the land transfer in the instant case did not alter the common law position.