A piece of land bordered by a river a bridge and a highway was fenced off by the highway authority. The defendant had used the land as part of his adjoining house and land. The plaintiffs sought clarification that they could remove the fence as they wished.
Held: On the facts, the land had been part of an ancient highway and must remain as such. Swinfen Eady J said ‘The question for decision has reference to a small piece of land in the corner between a bridge over the River Ouse and the defendant’s house. The plaintiff’s allege that the land is part of an ancient highway, and forms part of the highway today. The defendant claims it as his own property not through his father from whom he derives the house, but solely by title gained by possession for 12 years.’
Judges:
Swinfen Eady J
Citations:
[1908] Knight’s Local Government Reports 306, (1908) 72 JP 73, (1908) 6 LGR 306
Jurisdiction:
England and Wales
Cited by:
Cited – Smith, Regina (on the Application of) v The Land Registry (Peterborough Office) Admn 13-Feb-2009
The applicant sought judicial review of the cancellation of his application for first registration of land by adverse possession. The application had been rejected because a public right of way existed through it, and the claimant had not shown the . .
Cited – Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another CA 10-Mar-2010
The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse . .
Lists of cited by and citing cases may be incomplete.
Local Government, Land
Updated: 18 May 2022; Ref: scu.320861