Originally posted by MrBarnett
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My guess would be no legal right of way, as no physical access wouldn't require such a description as it means there's no passage to describe. That might mean it was gated, and the "no thoroughfare" description made locking it off legal I guess? If that's the case, the only ways for JtR to use it on the night would be either have some way of unlocking that passage (so ties him to that ability) or it was not locked on that night (which may or may not have been common at the time I suppose). Not sure what that might mean in terms of a legal requirement to maintain a passage though, which could be covered under different statutes or subsections. Laws are often strange that way, and well outside my area of knowledge.
Hmmm, it just occurred to me know, that "no thoroughfare" is sometimes just signposted these days, but otherwise doesn't prevent physical access. It may be something that allows police to question people found in that location if they choose? Anyway, for someone with legal expertise, these aspects of the passage might be the best bet today in terms of finding out the state of things as presumably the legal documents might still be available, in all their glorious detail.
- Jeff
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