Jus Spatiandi after Dewhurst v Hodge – New Square Chambers

Posted January 4th, 2024 in chambers articles, news, prescription, rights of way by sally

‘This case involved the registration of a prescriptive right way to a residential property. The right of way sought to be registered was described in box 9 of the ST4 accompanying the AP1 application form dated 22nd May 2020 as:
“A right of way by foot in the field immediately to the south-east of the boundary of WA452860 being part of CYM717554 as marked in green on the attached plan marked as PLAN 3”.’

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New Square Chambers, 8th December 2023

Source: www.newsquarechambers.co.uk

Construction of a Right of Way – Gatehouse Chambers

Posted November 16th, 2023 in chambers articles, news, rights of way by sally

‘You are fortunate enough to own a house on a large plot of land and wish to realise some of its value by dividing it in two and building another house. Access to the plot is gained via a lane which passes over, and is part of, a neighbour’s land; your land enjoys an express right of way over the lane “at all times and for all purposes with or without vehicles”. Are you going to be able to use the lane for the construction traffic, and thereafter for access to the second house in addition to the current house?’

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Gatehouse Chambers, 6th October 2023

Source: gatehouselaw.co.uk

Court of Appeal to rule on Dartmoor wild camping case – The Independent

Posted July 31st, 2023 in appeals, news, rights of way, statutory interpretation by tracey

‘The Court of Appeal is to give its ruling in a legal battle over the right to wild camp in Dartmoor National Park.’

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The Independent, 31st July 2023

Source: www.independent.co.uk

Corfe Mullen campaigners lose six-year battle over woodland – BBC News

Posted October 13th, 2022 in commons, local government, news, rights of way by tracey

‘A group of villagers has lost a six-year battle with a landowner over public access to a woodland.’

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BBC News, 13th October 2022

Source: www.bbc.co.uk

Fears over right to roam in England as ministers wind up review – The Guardian

Posted April 21st, 2022 in news, rights of way, trespass by sally

‘The government has quashed a review into the right to roam in England’s countryside, amid anger from campaigners that the law of trespass stops people from walking freely around the country.’

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The Guardian, 20th April 2022

Source: www.theguardian.com

Churchyard access and prescriptive right of way: Hughes – Law & Religion UK

Posted August 10th, 2021 in easements, land registration, news, prescription, rights of way by sally

‘In Hughes v Incumbent of the benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne & Framilode [2021] UKUT 184 (LC), the incumbent of St James’s Saul, one of the churches in the Severnside group of parishes in Gloucestershire, applied to HM Land Registry in 2018 for a vehicular right of way for the benefit of the church over land belonging to the neighbouring property, a former school site next to the church. It was claimed that the track had been used by successive incumbents and their visitors – visiting clergy, people tending graves, and the funeral director ­– for more than twenty years for access to the grass where vehicles parked to gain access to the churchyard and church [7]. The neighbouring owners, Mr and Mrs Hughes (who had bought the property from the previous owners, Mr and Mrs West), objected, the matter was referred to the First Tier Tribunal pursuant to s.73(7) Land Registration Act 2002, and the FTT directed the registrar to register the easement [1]. Mr and Mrs Hughes appealed.’

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Law & Religion UK, 10th August 2021

Source: lawandreligionuk.com

Research Briefing: Land law: frequently asked questions (England & Wales) – House of Commons Library

‘This Commons briefing paper gives an overview of some commonly raised issues about land law.’

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House of Commons Library, 8th June 2021

Source: commonslibrary.parliament.uk

Lionel Jeffrey Cozens-Smith v Bellway Homes Limited [2019] EWHC 3222 (Ch) – Tanfield Chambers

Posted June 2nd, 2020 in footpaths, news, planning, rights of way, striking out, summary judgments by sally

‘An application for the approval of reserved matters does not amount to a new application for planning permission.’

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Tanfield Chambers, 28th May 2020

Source: www.tanfieldchambers.co.uk

Covid-19 and claimed rights of way: lessons from R (on the application of Roxlena Ltd) v Cumbria County Council & Peter Lamb [2019] EWCA Civ 1639 – Landmark Chambers

Posted April 17th, 2020 in appeals, chambers articles, coronavirus, news, rights of way by sally

‘A claim of a public right of way under section 31(1) of the Highways Act 1980 requires use by the public as of right and without interruption for 20 years. Similarly, a claimed private right of way by prescription under the Prescription Act 1832 requires 20 years’ uninterrupted use. To make good a prescriptive claim, whether under the 1832 Act, by the doctrine of lost modern grant or at common law, the use must be of such a character, degree and frequency as to indicate an assertion of a continuous right. The issue we discuss is whether an interruption to use as a result of Covid-19 would count for either of these two purposes.’

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Landmark Chambers, 3rd April 2020

Source: www.landmarkchambers.co.uk

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

Source: www.telegraph.co.uk

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

Source: hardwicke.co.uk

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

Source: www.independent.co.uk

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

Source: www.localgovernmentlawyer.co.uk

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

Source: www.localgovernmentlawyer.co.uk

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

Source: www.falcon-chambers.com

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

Source: www.tanfieldchambers.co.uk

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

Source: www.hardwicke.co.uk

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

Source: www.falcon-chambers.com

Public right of way did not detract from use of land as village green, High Court rules – OUT-LAW.com

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.’

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OUT-LAW.com, 7th November 2016

Source: www.out-law.com

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

Source: www.telegraph.co.uk