Rights of way on large developments
Christopher Jessel, M.A. (Oxon),
Solicitor, Consultant, Farrer & Co.
Roads on large private building developments, both residential
and commercial, are not always adopted as highways. They can share with public streets
such problems as how to pay for maintenance or to deter obstructions. The residents or
users may also wish to control access on grounds of security and privacy. The rules of
private easements are not well adapted to that purpose. A recent case sheds light on,
although it does not resolve, these issues. The draftsman documenting the development can
take a variety of approaches to resolve the legal problems but practical questions remain.
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