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Subject To and Together With

The use of the term "subject to and together with" is used in siutations where rights of way are used to access a particular property.  The term is used to explain where a right of way is located on both the property which it benefits and encumbers abutting property.  However, the use of this term is often done erroneously.  The improper use of this term can often cause problem and may infer the incorrect nature of the right of way.

The term "subject to" should only be used when the right of way benefits another property, but is located on the subject property.

The term "together with" should only be used when the right of way benefits the subject property, but is located on an adjacent property.

Therefore, the combination of these two terms, "subject to and together with" is used when both the right of way is located on the subject property and an adjoining property. 

It the term "subject to and together with" is used when the right of way is totally located on the subject property, it infers that another property may have a right to use the right of way.  Therefore, it is important to use the correct term, so no confusion exists as to who has a right to use the right of way.

This article was published on Friday 10 November, 2006.

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