The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required. Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly comply with para 1 of Schedule 14 . . But that does not mean that a valid application … Continue reading Maroudas v Secretary of State for Environment Food and Rural Affairs: CA 18 Mar 2010
The applicants challenged the refusal of the defendant to alter the definitive right of way map. Judges: George Bartlett QC J Citations: [2007] EWHC 2786 (Admin), Times 08-May-2008 Links: Bailii Statutes: Natural Environment and Rural Communities Act 2006 67, Wildlife and Countryside Act 1981 Part III Jurisdiction: England and Wales Cited by: Appeal from – … Continue reading Winchester College, Warden and Fellows of and Another; Regina (on the Application of) v Food and Rural Affairs: Admn 28 Nov 2007
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive. Held: The Council’s appeal failed. The plan was too large a scale, and that could not invalidate the application. The only question is … Continue reading Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council: SC 18 Mar 2015
LRA Right of way acquired by prescription – doctrine of lost modern grant – whether acquired for all purposes or limited to agricultural purposes only – whether abandoned – Ludgershall Inclosure Act 1777 – Ludgershall Inclosure Award 1778 -Natural Environment and Rural Communities Act 2006, section 67(5) – Inclosure Act 1857, section 12 – Commons … Continue reading Meldale Limited v Ludgershall Parish Council (Easements): LRA 27 Sep 2007
The college appealed against modifications of definitive map to upgrade two footpaths to byways open to all traffic. The college was circled by footpaths which it wished to protect when the council constructed a new bypass. Held: The College’s appeal succeeded. If the defendant was to alter the map, the statutory procedure had to be … Continue reading Winchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: CA 29 Apr 2008
The court considered the contnuation of public rights of way against the new system of the ending of certain unrecorded rights. Held: he appeal failed. ‘As a matter of plain language, section 67(2)(b) does not, in our judgment, require the list to be fully compliant with section 36(6). The requirement to which it refers is … Continue reading Fortune and Others v Wiltshire Council and Another: CA 20 Mar 2012
LRA Easements and Profits A Prendre : Abandonment – Right of way acquired by prescription – doctrine of lost modern grant – whether acquired for all purposes or limited to agricultural purposes only – whether abandoned – Ludgershall Inclosure Act 1777 – Ludgershall Inclosure Award 1778 -Natural Environment and Rural Communities Act 2006, section 67(5) … Continue reading Meldale Ltd v Ludgershall Parish Council: LRA 27 Sep 2007
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