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Article: Rights of Way and Long User: The English Restriction and the Irish Rule

TitleRights of Way and Long User: The English Restriction and the Irish Rule
Authors
Issue Date2008
PublisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/
Citation
Hong Kong Law Journal, 2008, v. 38 n. 1, p. 51-88 How to Cite?
AbstractIs it possible in Hong Kong to acquire a right of way by long, open and uninterrupted usage? One might have expected this question, fundamental and of practical importance, to have been settled authoritatively. The answer has instead divided Hong Kong's judges. Although the weight of recent opinion seems to be in favour of allowing such a right, the basis of doing so is not at all clear. It will be the gravamen of this article that the courts should no longer entertain any doubts upon the matter. Acquisition of such rights by usage is possible. The basis for recognition of such rights will be suggested and is, perhaps surprisingly, straightforward, but it is not the basis that has sometimes been suggested.
Persistent Identifierhttp://hdl.handle.net/10722/87768
ISSN
2015 Impact Factor: 0.215
2015 SCImago Journal Rankings: 0.101

 

DC FieldValueLanguage
dc.contributor.authorMerry, Men_HK
dc.date.accessioned2010-09-06T09:34:06Z-
dc.date.available2010-09-06T09:34:06Z-
dc.date.issued2008en_HK
dc.identifier.citationHong Kong Law Journal, 2008, v. 38 n. 1, p. 51-88en_HK
dc.identifier.issn0378-0600en_HK
dc.identifier.urihttp://hdl.handle.net/10722/87768-
dc.description.abstractIs it possible in Hong Kong to acquire a right of way by long, open and uninterrupted usage? One might have expected this question, fundamental and of practical importance, to have been settled authoritatively. The answer has instead divided Hong Kong's judges. Although the weight of recent opinion seems to be in favour of allowing such a right, the basis of doing so is not at all clear. It will be the gravamen of this article that the courts should no longer entertain any doubts upon the matter. Acquisition of such rights by usage is possible. The basis for recognition of such rights will be suggested and is, perhaps surprisingly, straightforward, but it is not the basis that has sometimes been suggested.-
dc.languageengen_HK
dc.publisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/en_HK
dc.relation.ispartofHong Kong Law Journalen_HK
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.titleRights of Way and Long User: The English Restriction and the Irish Ruleen_HK
dc.typeArticleen_HK
dc.identifier.openurlhttp://library.hku.hk:4550/resserv?sid=HKU:IR&issn=0378-0600&volume=38&issue=1&spage=51&epage=88&date=2008&atitle=Rights+of+Way+and+Long+User:+The+English+Restriction+and+the+Irish+Ruleen_HK
dc.identifier.emailMerry, M: mmerry@hku.hken_HK
dc.description.naturepublished_or_final_version-
dc.identifier.hkuros157142en_HK
dc.identifier.volume38-
dc.identifier.issue1-
dc.identifier.spage51-
dc.identifier.epage88-

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