What is a “reasonable and usual” use?

A recent Court of Appeal decision has provided guidance on what constitutes a “reasonable and usual purpose” in the context of the grant of a right of way.

A right of way had been granted for the benefit of garden land. The title deeds said that the right of way could be used for “reasonable and usual” purposes. The owner of the garden land wanted to develop the land. The use of the land that benefited from the right of way would therefore change from garden use to residential use. The Court had to decide whether the right of way could still be used, given this change.

The Court decided that, rather than restrict the uses permitted, the words “reasonable and usual purpose” actually expanded them. The Court held that, within reason, the right of way could be used in connection with the residential development of the land as this was not an unreasonable or unusual purpose.

This case was decided on its particular facts. It is however positive, in that it shows a willingness on the part of the Courts to interpret drafting relating to rights of way in a sensible manner.

08 March 2010 | Property News March 2010