Attorney General (ex rel Yorkshire Derwent Trust Ltd and another) v Brotherton and others
Attorney General (ex rel Yorkshire Derwent Trust Ltd and another) v Brotherton and others
- 1992
- All England Law Reports (1992) 1 All ER 230-256(14) .
HL 5 December 1991. Pursuing a policy of re-establishing the River Derwent as a navigable waterway, AG sued B and other bankside landowners opposing the move, on behalf of YDT and Malton town council, in an attempt to declare a public right of way. Envoked in support was the Rights of Way Act 1932 s1. The key question was whether land covered by water could conform to the definition of land in the Act. At trial, it was decided that navigation rights were not considered rights of way. AG appealed and won, so B took the case to the Lords where the initial judgement was reinstated.
NAVIGATION RIGHTS
PUBLIC HIGHWAYS
RIGHTS OF WAY ACT 1932 S1
RIVERS
HL 5 December 1991. Pursuing a policy of re-establishing the River Derwent as a navigable waterway, AG sued B and other bankside landowners opposing the move, on behalf of YDT and Malton town council, in an attempt to declare a public right of way. Envoked in support was the Rights of Way Act 1932 s1. The key question was whether land covered by water could conform to the definition of land in the Act. At trial, it was decided that navigation rights were not considered rights of way. AG appealed and won, so B took the case to the Lords where the initial judgement was reinstated.
NAVIGATION RIGHTS
PUBLIC HIGHWAYS
RIGHTS OF WAY ACT 1932 S1
RIVERS