The Truro Crown Court had allowed Mr Adair’s appeal against his conviction for obstructing a highway. The prosecutor appealed.
Held: It had to be decided whether a particular road had become by presumed dedication a public highway. The use relied on constituted an offence under section 34(1) of the 1988 Act. A claim of long user which was based upon acts prohibited by statute cannot found a claim for a public right of way. The court could see no rational distinction between acquisition of a private easement by presumed grant after long illegal user and the presumed dedication of a highway after long illegal user.
Judges:
Dyson J
Citations:
Times 02-Mar-1995, [1995] NPC 30
Statutes:
Highways Act 1980 137, Road Traffic Act 1988 34(1)
Jurisdiction:
England and Wales
Citing:
Cited – Hanning and Others v Top Deck Travel Group Ltd CA 9-Jun-1993
The owner of a common appealed a finding that the neighbouring land owner had acquired by prescription a right of way across the common to use a track for commercial vehicles (buses) to get to the property (the bus depot).
Held: An easement . .
Cited by:
Cited – Bakewell Management Limited v Brandwood and others HL 1-Apr-2004
Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal . .
Cited – Hereford and Worcester County Council v Pick 1-Apr-1995
The issue was whether a presumed dedication of a road as a public highway could result from twenty years or more of uninterrupted public use in breach of section 34(1) of the 1988 Act. The court was considering whether a footpath, alleged to have . .
Lists of cited by and citing cases may be incomplete.
Land, Limitation
Updated: 01 December 2022; Ref: scu.88823
