Public footpath rerouted after two year legal battle because ramblers kept walking through nudist campsite – Daily Telegraph

Posted January 27th, 2020 in footpaths, holidays, news, rights of way by sally

‘A public footpath is to be rerouted following a two-year battle by a nudist campsite to stop ramblers wandering through the grounds.’

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Daily Telegraph, 26th January 2020


Signing Off and Signatures in the Digital Age: Neocleous & Anor v Rees [2019] EWHC 2462 (Ch) – Hardwicke Chambers

Posted October 31st, 2019 in contracts, electronic mail, news, rights of way, sale of land by sally

‘Section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 (‘the 1989 Act’) provides that a contract for the sale or other disposition of an interest in land can only be made in writing. Under section 2(3), the documents incorporating the terms must be signed by or on behalf of each party to the contract.’

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Hardwicke Chambers, 15th October 2019


Couple unable to sell home after discovering public footpath running though living room – The Independent

Posted March 14th, 2019 in footpaths, local government, news, rights of way, sale of land by tracey

‘Couple unable to sell home after discovering public footpath running though living room.’

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The Independent, 13th March 2019


Council wins challenge to decision that right of way was ‘byway open to all traffic’ – Local Government Lawyer

Posted August 6th, 2018 in local government, news, rights of way by sally

‘Slough Borough Council has won a High Court challenge to an inspector’s decision that a right of way should be open as a ‘byway open to all traffic’ (BOAT).’

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Local Government Lawyer, 6th August 2018


Council defeats challenge to decision to add 34 footpaths to definitive map – Local Government Lawyer

‘A county council has successfully defended a judicial review challenge to a committee decision authorising the making of a statutory order which, subject to confirmation, would add at least 34 footpaths and a bridleway to the definitive map and statement for the area.’

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Local Government Lawyer, 1st December 2017


Autumn Newsletter – Falcon Chambers

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

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Falcon Chambers, November 2017


Lea v Ward [2017] EWHC 2231 (Ch) – Tanfield Chambers

Posted October 20th, 2017 in damages, interpretation, news, rights of way by sally

‘The High Court held that the most natural reading of a deed granting a right of way “over the track or way” was to limit the right of way to the track that was actually in use at the time of the grant in 1979. The claim concerned the existence, location and in particular, the width of a right of way. The Claimant sought injunctions and damages for interference.’

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Tanfield Chambers, 12th October 2017


Property Litigation Blog: The path from Figsbury Ring to Gore – Hardwicke Chambers

Posted August 22nd, 2017 in easements, news, rights of way by sally

‘Andrew Skelly, of Hardwicke Chambers, considers the courts’ approach to easements, particularly the use of rights of way where the dominant tenement owner acquires additional land.’

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Hardwicke Chambers, 14th August 2017


Mooring Rights – Falcon Chambers

Posted December 1st, 2016 in news, rights of way, ships, water by sally

‘Mooring involves attaching a boat to the bed or to the bank of a river. So the first stage of the analysis involves establishing who owns the bed and/or the bank.’

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Falcon Chambers, October 2016


Public right of way did not detract from use of land as village green, High Court rules –

Posted November 8th, 2016 in commons, land registration, local government, news, planning, rights of way by sally

‘The High Court has upheld the registration of Humpty Hill in Oxfordshire as a town or village green (TVG), despite arguments that most of the walking that took place on the land was because it was a public right of way.’

Full story, 7th November 2016


Retired businessman loses battle with archaeological society over ‘plebeian’ tour groups spoiling his elevenses – Daily Telegraph

Posted August 1st, 2016 in complaints, news, rights of way, trespass by Mark L

‘A retired businessman has lost his battle with a local archaeological society after complaining about “plebeian” members of historical tour groups spoiling his elevenses.’

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Daily Telegraph, 31st July 2016


How can a right of way be simultaneously continuous and non-continuous? – Hardwicke Chambers

Posted July 12th, 2016 in appeals, news, rights of way by sally

‘In Wood v Waddington [2015] EWCA Civ 538, at first instance, Morgan J. found the Claimants had not established they had rights of way over the Defendant’s land. Lewison L.J. (with whom Richards and McCombe L.J.J. agreed) thought otherwise. The case raises some nice points in respect of easements.’

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Hardwicke Chambers, 7th July 2016


Winterburn and another v Bennett and another – WLR Daily

Posted June 8th, 2016 in appeals, easements, law reports, parking, prescription, rights of way, tribunals by sally

Winterburn and another v Bennett and another [2016] EWCA Civ 482

‘The claimant owners of a fish and chip shop claimed as a result of use over a number of years to have acquired by prescription the right for themselves and others using their premises to park on land comprising part of a car park belonging to the defendants. The defendants’ premises, which were next to the car park, had been used as a club and users of those premises used the car park. The entrance to the car park was adjacent to the claimants’ shop. The claimants had operated the shop from about 1987 or 1988 until 2012. Throughout that time, their suppliers had up to nine times a week pulled off the road into the disputed part of the car park and parked there for long enough to make their deliveries, and their customers had parked on the disputed land while they bought their fish and chips. On the whole that use of part of the car park did not interfere with the s’ operations but over a seven-year period there were 12 to 15 occasions on which the defendants asserted ownership of the disputed land, and, expressly or impliedly, asserted that the claimants and their suppliers and customers had no right to park on it. At all times until 2007 there was a sign attached to the wall of the building on one side of the entranceway to the car park, erected on behalf of the defendants, stating “Private car park. For the use of Club patrons only. By order of the Committee”, and a similar sign in the window of the club premises. The claimants claimed that their right to park, acquired by prescription by “lost modern grant”, had been established by their 20 years’ uninterrupted user “as of right”, namely, without force, without secrecy and without permission. The First-tier Tribunal found that, although the two signs were clearly visible, they were insufficient to prevent the claimants from acquiring the claimed parking rights. The Upper Tribunal allowed the defendants’ appeal, reversing that finding.’

WLR Daily, 25th May 2016


Ramblers celebrate after landmark High Court ruling that could see up to 1,000 former rights of way re-open – The Independent

Posted July 2nd, 2015 in agriculture, footpaths, news, rights of way by sally

‘Up to 1,000 rights of way could be re-established centuries after they stopped being recorded on maps after a landmark High Court ruling.’

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The Independent, 2nd July 2015


R (on the application of Trail Riders Fellowship and another (Respondents) v Dorset County Council (Appellant) – Supreme Court

R (on the application of Trail Riders Fellowship and another (Respondents) v Dorset County Council (Appellant) [2015] UKSC 18 (YouTube)

Supreme Court, 18th March 2015


Council loses Supreme Court appeal in rights of way battle with trail riders – Local Government Lawyer

Posted March 19th, 2015 in appeals, local government, motorcycles, news, rights of way, Supreme Court by sally

‘The Supreme Court has rejected – by a 3-2 majority – a county council’s appeal over whether an application by motorcyclists to upgrade rights of way complied with relevant statutory requirements.’

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Local Government Lawyer, 18th March 2015


Warring couples spend half a million pounds in legal fight over ‘muddy ditch’ – Daily Telegraph

Posted November 18th, 2014 in costs, news, rights of way by sally

‘Married couples spend £500,000 on venomous neighbours’ dispute about “thin strip” of drainage ditch alongside path dividing Cheshire country homes.’

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Daily Telegraph, 17th November 2014


Regina (Trail Riders Fellowship and another) v Dorset County Council – WLR Daily

Posted May 23rd, 2013 in appeals, documents, law reports, local government, rights of way by sally

Regina (Trail Riders Fellowship and another) v Dorset County Council [2013] EWCA Civ 553; [2013] WLR (D) 186

“A map produced to a scale of 1:25,000, even if digitally derived from an original map of a different scale, satisfied the requirements for a map accompanying an application to modify a right of way that were set out in paragraph 1(a) of Schedule 14 to the Wildlife and Countryside Act 1981.”

WLR Daily, 20th May 2013


Moore v British Waterways Board – WLR Daily

Posted February 21st, 2013 in appeals, canals, law reports, notification, rights of way by sally

Moore v British Waterways Board [2013] EWCA Civ 73; [2013] WLR (D) 59

“At common law a riparian owner who did not own the river bed had no right to moor vessels there permanently. However, absence of a right to moor did not necessarily mean that a vessel was moored ‘without lawful authority’ within section 8 of the British Waterways Act 1983, which empowered the British Waterways Board to remove a vessel.”

WLR Daily, 14th Febraury 2013


Property development in a cold climate – Hardwicke Chambers

Posted December 11th, 2012 in construction industry, news, planning, rights of way by sally

“In these somewhat tricky financial times, it is unsurprising that the Government is keen to persuade property developers to do their bit to kick-start the ailing economy by dusting off chunks of their carefully land-banked acreage and getting on with long-shelved construction projects. However, many things have changed in this post-banking-apocalypse world, and it is unlikely that developers will be in a position simply to take up projects exactly where they left off a few years ago. In addition to the obvious funding difficulties they now face, developers large and small will need to be alert to changes in planning policy and local needs since they put their projects on hold. These will be particularly relevant where the developer requires an extension of time on the original planning permission or where he wishes to escape from or mitigate the burden of an obligation previously accepted in order to obtain that permission or to deal with reserved matters.”

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Hardwicke Chambers, 10th December 2012