Common access
Series: Solicitors' Journal ; 146(46) 6 December 2002, 1099-1100(2)Publication details: 2002Subject(s): Summary: Discusses the implications of the case "Massey v Boulden" ([2002] EWCA Civ 1634 Abs66173) for those with rights of access under prescription. The claimants could not acquire a prescriptive vehicular right of way on a track across a village green owned by the defendants as it contravened the Road Traffic Act 1988 s34(1)(a) and (b). The main implication of this case is, if these prescribed rights of way are to continue, landlords can demand payment under the Countryside and Rights of Way Act 2000. The Vehicular Access Across Common and Other Land Regulations 2002 set out the details of costs and procedure but applications need to made as soon as possible as the Regulations require applications within 12 months of 3 July 2002 or the date on which the use of the right of way ceases.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS66634 (Browse shelf(Opens below)) | 1 | Available | 122152-1001 |
Discusses the implications of the case "Massey v Boulden" ([2002] EWCA Civ 1634 Abs66173) for those with rights of access under prescription. The claimants could not acquire a prescriptive vehicular right of way on a track across a village green owned by the defendants as it contravened the Road Traffic Act 1988 s34(1)(a) and (b). The main implication of this case is, if these prescribed rights of way are to continue, landlords can demand payment under the Countryside and Rights of Way Act 2000. The Vehicular Access Across Common and Other Land Regulations 2002 set out the details of costs and procedure but applications need to made as soon as possible as the Regulations require applications within 12 months of 3 July 2002 or the date on which the use of the right of way ceases.