An inspector, determining an application to remove a public bridleway from the definitive map, and where there was evidence only of use by foot, was right to start from the presumption that, if a right of way was shown on the definitive map, it was correctly registered. Nevertheless, where there had been no evidence to support the registration, it could be treated as registered in error. Correction of the register was possible by ordering deletion of the bridleway, subject to substitution by a footpath.
Judges:
Lord Phillips MR, Simon Brown LJ, Longmore LJ
Citations:
Times 15-Mar-2001, [2001] EWCA Civ 266, [2001] 2 PLR 45, [2001] 1 WLR 1264, [2001] NPC 41, [2001] 3 All ER 166
Links:
Statutes:
Wildlife and Countryside Act 1981 53 Sch 15
Jurisdiction:
England and Wales
Citing:
Appeal from – John Trevelyan (Suing on Behalf of Himself and All Other Members of Ramblers Association) v Secretary of State for Environment, Transport and Regions Admn 24-Jan-2000
An inspector determining an application to remove a public bridleway from the definitive map, where there was evidence only of use by foot, was right to start from the presumption that, if a right of way was shown on the definitive map, it was . .
Cited by:
Appealed to – John Trevelyan (Suing on Behalf of Himself and All Other Members of Ramblers Association) v Secretary of State for Environment, Transport and Regions Admn 24-Jan-2000
An inspector determining an application to remove a public bridleway from the definitive map, where there was evidence only of use by foot, was right to start from the presumption that, if a right of way was shown on the definitive map, it was . .
Cited – Ernstbrunner v Manchester City Council and Another Admn 16-Dec-2009
The appellant challenged by case stated a refusal of the Crown Court to order removal of a gate which he said obstructed a public footpath. The land-owner had persuaded the magistrates that the gate was not on the line of the footpath. The claimant . .
Cited – Kotarski and Another v Secretary of State for Environment, Food and Rural Affairs Admn 13-May-2010
The applicant sought to challenge an enquiry resulting in the confirmation of of a public right of way across his land. . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 23 May 2022; Ref: scu.135554