Brand and Another v Philip Lund (Consultants) Ltd: ChD 18 Jul 1989

The plaintiffs objected to the transport of wood from the defendant’s neighbouring land by lorry along an accessway to the plaintiff’s land. They said the defendants had no right of vehicular access. The defendants asserted a public vehicular highway.
Held: The court rejected the argument that a public right of way may only exist from one public place or highway to another: ‘it does not have to be shown that it is normally used to go from one end to the other. It may normally be used by people going from either end to and from premises fronting on to it and less frequently used by persons traversing its whole length. The user necessary to establish a right of way is to be considered separately from the way itself.’
This was an ancient vehicular highway used from time immemorial along the line of Ramscote Lane.

Paul Baker QC HHJ
[1989] EWHC 2 (Ch)
Highways Act 1980
CitedAttorney-General v Antrobus ChD 1905
The owner of Stonehenge had enclosed the monument by fencing for its protection. The Attorney-General wished to remove the fencing in order to keep the place open so that the public could visit it.
Held: The court rejected a suggestion that . .
CitedThe Marquis of Stafford v Coyney 1827
Where a land-owner suffered the public to use, for several years, a road through his estate for all purposes, except that of carrying coals : Held, that this was either a limited dedication of the road to the public or no dedication at all, but only . .
CitedFolkestone Corporation v Brockman HL 1914
A public right of way was claimed. It was argued that, in the absence of evidence of facts inconsistent with a dedication of the pathway, the jury were obliged to make such a finding.
Held: The House rejected this submission. User was no more . .
CitedBeckett (Alfred F) v Lyons 1967
A claim was made that the inhabitants of the County Palatine of Durham had the right to take coal from the seashore.
Held: Dedication of a public right must be to the public at large or a sufficiently large section of the public at large and . .

Lists of cited by and citing cases may be incomplete.


Updated: 25 November 2021; Ref: scu.517379