Archive for the 'rights of way' Category

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another – WLR Daily

Milebush Properties Ltd v Tameside Metropolitan Borough Council and another [2011] EWCA Civ 270; [2011] WLR (D) 96

“Although the court had a wide discretion to grant declaratory relief in diverse circumstances in both public and private law proceedings, where a party who was not a party to the contract brought private proceedings seeking declaratory relief to enforce a public authority’s planning obligation the court would not lend its assistance.”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Maroudas v Secretary of State for the Environment, Food and Rural Affairs – WLR Daily

Maroudas v Secretary of State for the Environment, Food and Rural Affairs [2010] EWCA Civ 280; [2010] WLR (D) 81

“An application under s 53(5) of the Wildlife and Countryside Act 1981 to upgrade a byway from a road used as a public path to a byway open to all traffic did not need to be made in a single document. The lack of a date and signature on the application might be cured by a letter sent shortly after the submission of the form but where no date or signature was supplied for ten weeks the statutory requirements in para 1 of Sch 14 to the 1981 Act had not been complied with. In the instant case the applicant’s failure to make clear the extent of the route which he wanted the local authority to upgrade, together with his failure to supply a map, were also departures from the strict requirements set out in Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993. Together the departures from the strict requirements required that the application be rejected.”

WLR Daily, 19th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ramblers score ‘landmark’ victory over multi-millionaire landowner’s gates – Daily Telegraph

“Ramblers scored a landmark victory over a multi-millionaire landowner yesterday when a top judge told him he must tear down the “impressive” iron gateway to his Somerset estate.”

Full story

Daily Telegraph, 18th February 2010

Source: www.telegraph.co.uk

Bee and another v Thompson – WLR Daily

Bee and another v Thompson [2009] EWCA Civ 1212; [2009] WLR (D) 345

“Where a bequest of land in adjacent parcels to different beneficiaries expressly provided that the owner of one parcel should enjoy a right of way over a track running over the other, but the vesting consents which conveyed the land to the beneficiaries did not grant such an easement, the will and the assents were to be construed together as a single transaction so as to give full effect to the testatrix’s intention. However such a right of way ‘at all times and for all purposes connected with’ the dominant tenement did not entitle the owner of that land to increase the user of the right of way from that associated with the agricultural purposes for which it had been used when the right of way had been granted to that associated with three houses.”

WLR Daily, 30th November 2009

Source: www.lawreprots.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Neighbours’ High Court feud over curfews, trellises and hosepipes – Daily Telegraph

“A feud between neighbours turned so bitter that one couple tried to impose a curfew preventing the other from leaving their home at night, the High Court has heard.”

Full story

Daily Telegraph, 12th March 2009

Source: www.telegraph.co.uk

Landowner ordered to remove iron gates after £300,000 legal battle – Daily Telegraph

“A landowner has been ordered by a judge to remove wrought iron gates blocking a public footpath after a five-year, £300,000 legal battle.”

Full story

Daily Telegraph, 11th March 2009

Source: www.telegraph.co.uk

Concerns about coastal path as Marine Bill proposed – Daily Telegraph

“Farmers and landowners have pledged to fight for compensation if a new coastal path crosses their land.”

Full story

Daily Telegraph, 2nd December 2008

Source: www.telegraph.co.uk

Landowners ‘deserve compensation over right-to-roam rules’ – Daily Telegraph

“Owners affected by the route of the coastal path around England should be paid if they can prove they will suffer financial loss as a result, says a new report.”

Full story

Daily Telegraph, 22nd July 2008

Source: www.telegraph.co.uk

Regina (Warden and Fellows of Winchester College and Another) v Hampshire County Council – Times Law Reports

Regina (Warden and Fellows of Winchester College and Another) v Hampshire County Council

Court of Appeal

“Statutory requirements governing the making of an application to change the status of a right of way were to be adhered to strictly.”

The Times, 8th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Warden and Fellows of Winchester College and another) v Hampshire County Council – WLR Daily

R (Warden and Fellows of Winchester College and another) v Hampshire County Council [2008] EWCA Civ 431; [2008] WLR (D) 132

The formal requirements governing the making of an application to modify a definitive map and statement under s 53(5) of, and para 3 of Sch 14 to, the Wildlife and Countryside Act 1981, which were contained in para 1 of Sch 14, had to be adhered to strictly. Where such an application was found to be invalid, certain rights ostensibly extinguished under s 67(1) of the Natural Environment and Rural Communities Act 2006 were not apt to be saved by virtue of s 67(3) of the 2006 Act since the latter provision was predicated upon a valid application.”

WLR Daily, 30th April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Off-roaders banned on ancient lanes – The Times

“Many parts of the countryside are to be protected from the noisy invasion of motorcycles, 4x4s and quad bikes after a victory by green campaigners in the Court of Appeal.”

Full story

The Times, 30th April 2008

Source: www.timesonline.co.uk

Sisters of the Sacred Heart of Mary Ltd and Others v Kingston upon Thames Borough Council – Times Law Reports

Sisters of the Sacred Heart of Mary Ltd and Others v Kingston upon Thames Borough Council

Chancery Division

“The introduction by Kingston upon Thames Borough Council of an unmanned code-operated barrier to control entry to Warren Road, a private road that provided access from a public road to the Coombe Estate, would amount to a substantial interference with the statutory rights of the Sisters of the Sacred Heart of Mary Ltd, Holy Cross Sisters Trustees Inc, Rokeby Educational Trust Ltd, who run three schools, and Unilever plc, who run a training centre, to use the relevant roads for going to or leaving their premises.”

The Times, 18th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

R (Godmanchester Town Council) v. Secretary of State for the Environment, Food and Rural Affairs – WLR Daily

R (Godmanchester Town Council) v. Secretary of State for the Environment, Food and Rural Affairs [2007] UKHL 28

“‘Sufficient evidence’ under s 31(1) of the Highways Act 1980 that a landowner had had no intention to dedicate a way as a highway required evidence of overt acts demonstrating his lack of intention and coming to the attention of users of the way.”

WLR Daily, 20th June 2007

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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