The Holly Lodge Estate was developed in accordance with a precise scheme, the main details of which were set out in each of the Transfers by which the developers transferred the various plots to the respective purchasers. Each transfer included a schedule. A copy of the schedule as it appeared in the transfer of each house plot is with one modification set out in the Appendix to this booklet. The second half of Part ill of the Schedule contained what were described as Estate Regulations- These regulations have been amended in accordance with the power contained in the final regulation and the regulations set out in the Appendix to this booklet are the Regulations now in force having been adopted at the half yearly meeting of the plot owners held on the 26th of October 1972 in the place of those previously in force.
It is an essential part of the scheme that the roads footpaths (including the numerous cross paths giving access to the roads) grass verges and the ornamental gardens at the top of the Estate are all vested in three trustees who whilst they occupy that office are permanent members of the Estate Committee. The trustees have a normal land Certificate issued by Her Majestys Land Registry which shows that the trustees are the legal owners of those items.
There was included in the sale to each original plot owner the rights specified in Part l of the Schedule and those rights are now vested in the present owner of each plot. These rights are of such importance to everyday life on the Estate that we hardly ever think about them unless someone interferes with them and then we think their existence cannot possibly be questioned.
The first of these rights is a right of way for all purposes over the roads paths and open spaces on the Estate. A right of way over a road is a right to pass and repass over the road in order to obtain access to ones own property The nature of the right is (subject to any qualification in the document creating it) largely defined by the state of the road at the time the right was created. The roads on this estate were constructed for the use of vehicular traffic as well as pedestrians, the footpaths were intended for pedestrians and such vehicles as are intended for propulsion by pedestrian, e.g., perambulators and shopping baskets on wheels but not cycles.
The words “for the purposes” show that the right of way may be used for any lawful purpose in relation to the lawful use of the property to which the right is attached. Thus the roads may be used by trade vehicles for all purposes in relation to the use as a private dwelling house of the house standing on any house plot. It would however not be lawful for trade vehicles to use the roads on the Estate for the purpose of access to a house in connection with the carrying on of a trade in such house. Such use of the roads would constitute a trespass.
The owner of a right of way has no right to obstruct the way The owners of the roads, that is the Estate Trustees, are entitled to insist that the roads and footpaths are kept free from obstruction at all times. Likewise any person entitled to a right of way is entitled to insist that the roads and footpaths are kept free from all obstruction whether by the owners of the roads and footpaths or by another person entitled to a right of way thereover or by anyone else.
Ownership of a right of way confers the right to halt upon the road for a reasonable time for essential purposes connected with the use of the right of way but so that other lawful users of the roads and footpaths are not inconvenienced. Thus a motor vehicle may stop at the house to which the right of way is appurtenant for the purpose of picking up or setting down passengers or for loading or unloading goods provided that in so doing no one elses rights are interfered with. Ownership of a right of way does not confer the right to park upon the road, and it does not confer the right to store or deposit building materials upon the roadway nor upon the grass verge.