Overseas Investment Services Ltd v Simcobuild Construction Ltd and another
Overseas Investment Services Ltd v Simcobuild Construction Ltd and another
- 1996
- Estates Gazette (1996) 02 EG 107-110(4) .
CA 27 March 1995. In 1984, Swansea CC as agents for the Highways Agency, R&K, owners of the front land providing access to development land and development company F entered into agreement under Highways Act 1989 s38 that the road would be formally adopted as a public highway on completion of certain building work. R went into receivership and F on becoming beneficial owner of the land sold his interest to O who was aware of the s38 agreement. Work was completed and a certificate adopting the road as a public highway was issued. On appeal the CA overturned the CC ruling that the agreement created public rights under Land Registration Act 1925 s70(1)(a). O was not bound to grant public access.
ACCESS
ADOPTION OF ROADS
HIGHWAYS ACT 1980 S38
LAND REGISTRATION ACT 1925 S70(1)(A)
PUBLIC HIGHWAY
CA 27 March 1995. In 1984, Swansea CC as agents for the Highways Agency, R&K, owners of the front land providing access to development land and development company F entered into agreement under Highways Act 1989 s38 that the road would be formally adopted as a public highway on completion of certain building work. R went into receivership and F on becoming beneficial owner of the land sold his interest to O who was aware of the s38 agreement. Work was completed and a certificate adopting the road as a public highway was issued. On appeal the CA overturned the CC ruling that the agreement created public rights under Land Registration Act 1925 s70(1)(a). O was not bound to grant public access.
ACCESS
ADOPTION OF ROADS
HIGHWAYS ACT 1980 S38
LAND REGISTRATION ACT 1925 S70(1)(A)
PUBLIC HIGHWAY