The appellant had sold land next to its own for use as a school. Access rights were given to assist construction of the school. The council wanted to use the rights in what was no to be a competing residential development. The appellant wished to use the land as a ransom strip. The council argued that the rights to construct and have adopted a roadway and services over the land were not so restricted by virtue of the 1959 Act.
Judges:
Mummery, Lloyd, Sullivan LJJ
Citations:
[2010] EWCA Civ 1175
Links:
Statutes:
Highways Act 1959 39(1) 40 202, Highways (Miscellaneous Provisions) Act 1961 11(1), Highways Act 1980
Jurisdiction:
England and Wales
Land
Updated: 25 August 2022; Ref: scu.425609
