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


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