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Repair to right of way

Repair to right of way Carter v Cole [2006] EWCA Civ 398. This was a dispute relating to the repair of a right of way, and payment of contributions to the cost of repair, that turned upon the express terms of a reservation. However, the CA usefully set out the general principles that apply at common law in the absence of any such express clause. They are as follows: (1) A grantor of a right of way (“the servient owner”)…

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