000			01397cab a2200181 4500
001			ABS37806
008			090401t1987 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u6844
041			_aeng
245			_aScott and another v Martin and others
260			_c1987
350			_a0
490			_aWeekly Law Reports _v(1987) WLR 841-852(12)
520			_aCA 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.
690			_aHIGHWAYS RIGHTS OF WAY AND EASEMENTS
942			_n0
948			_c04/03/1997
999			_c4069 _d4069