The House relied upon analogies to compare public rights of navigation over watercourses and rights of way over land, but recognised the differences in language which would be used and the incidents of the rights.
Judges:
Lord Blackburn, Lord Hatherley
Citations:
(1877) 2 App Cas 839
Jurisdiction:
England and Wales
Cited by:
Cited – Attorney-General (ex relatione Yorkshire Derwent Trust Ltd) v Brotherton HL 5-Dec-1991
The appellants owned land through which flowed the river Derwent. Attempts were to be made to restore the river to navigability. The appellants denied that any public rights existed over the river.
Held: The 1932 Act could only give rise to a . .
Cited – Attorney-General (ex relatione Yorkshire Derwent Trust Ltd) v Brotherton CA 1991
The river Derwent passed through land. Before steps could be taken to re-open the river to public navigation, the court had to decide what rights of way existed over it.
Held: The 1932 Act did apply, and public rights of way applied, but no . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 30 April 2022; Ref: scu.214611