A walkway had existed from the town centre to residential areas. When the land was acquired the defendant new owners sought to close the walkway. The authority asserted that a public right of way had been acquired.
Held: There was no need to demonstrate any conflict of interest between the proprietor and users to establish acquisition of a public right of way by prescription. There was no such principle of law. If acquiescence could lead to a public right of way being established, ‘encouragement can even more readily be said to have the same consequences.’
Judges:
Lord Jauncey
Citations:
1993 SLT 1318, [1993] UKHL 15, [1993] EG 146 (CS), 1993 SC (HL) 44, 1993 SCLR 798
Links:
Statutes:
Prescription and Limitation (Scotland) Act 1973 3(3)
Jurisdiction:
England and Wales
Citing:
Appeal from – Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd SCS 1992
(Inner House) When Cumbernauld town centre was built, a walkway was provided between the shopping centre and residential areas. It was used for many years, but then closed to prevent crime. The authority sought an interdict to keep it open as a . .
Applied – Dorchester Studios (Glasgow) Ltd v Stone HL 1975
The House was asked whether an irritancy clause was unreasonable. . .
See Also – CIN Properties Ltd v Dollar Land (Cumbernauld) Ltd HL 21-May-1992
. .
Cited by:
Appealed to – Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd SCS 1992
(Inner House) When Cumbernauld town centre was built, a walkway was provided between the shopping centre and residential areas. It was used for many years, but then closed to prevent crime. The authority sought an interdict to keep it open as a . .
Cited – Regina v City of Sunderland ex parte Beresford HL 13-Nov-2003
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply.
Held: . .
Cited – Regina v City of Sunderland ex parte Beresford HL 13-Nov-2003
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply.
Held: . .
See Also – Dollar Land (Cumbernauld) Ltd v CIN Properties Ltd (Scotland) HL 16-Jul-1998
(Scotland) The appellants sought compensation under the law of unjustified enrichment for losses sustained as a result of the exercise against them of a conventional irritancy.
Held: Where a landlord recovered possession of land under lease by . .
See Also – Dollar Land (Cumbernauld) Ltd v CIN Properties Ltd OHCS 21-Apr-1995
An arrangement creating a common economic interest is not enough to create partnership. . .
Cited – Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another SC 3-Mar-2010
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had . .
Cited – Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another SC 6-Mar-2014
The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that . .
Lists of cited by and citing cases may be incomplete.
Land, Scotland
Updated: 08 June 2022; Ref: scu.187768