Grant of s38 rights in a Highways agreement didn’t operate as grant of future public rights of way, nor create an overriding interest.
Citations:
Ind Summary 12-Jun-1995, Times 21-Apr-1995
Statutes:
Highways Act 1980 38(3)(b), Land Registration Act 1925 70(1)(a)
Jurisdiction:
England and Wales
Citing:
Appeal from – Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another ChD 2-Nov-1993
A section 38 agreement was an overriding interest, and created a public right which was binding on purchaser. . .
Lists of cited by and citing cases may be incomplete.
Land, Registered Land
Updated: 09 April 2022; Ref: scu.84497
