SoS Environment, Transport and the Regions v Baylis (Gloucester) Ltd and another
SoS Environment, Transport and the Regions v Baylis (Gloucester) Ltd and another
- 2000
- Estates Gazette [2000] 32 EG 92-104(11) .
ChD 14 April 2000. In 1964 D dedicated a strip of land as public highway. B was the registered proprietor of land that comprised part of the disputed strip and an area to the north of it. B had acquired the land from the second defendant. Local highway authority mowed grass on the disputed strip each year but no other works were carried out even though the strip contained street lights, a road sign and a cycle path. Claimant brought proceedings against the defendants alleging that works had been carried out on the strip. Defendants claimed it was not part of the highway. B claimed against second defendant for breach of implied covenants of title and of the sale contract. "Held" the use of the word 'forthwith' in the 1964 document was enough to demonstrate an intention to dedicate immediately.
DEDICATION
PUBLIC HIGHWAY
BREACH OF COVENANT
IMPLIED COVENANTS
ChD 14 April 2000. In 1964 D dedicated a strip of land as public highway. B was the registered proprietor of land that comprised part of the disputed strip and an area to the north of it. B had acquired the land from the second defendant. Local highway authority mowed grass on the disputed strip each year but no other works were carried out even though the strip contained street lights, a road sign and a cycle path. Claimant brought proceedings against the defendants alleging that works had been carried out on the strip. Defendants claimed it was not part of the highway. B claimed against second defendant for breach of implied covenants of title and of the sale contract. "Held" the use of the word 'forthwith' in the 1964 document was enough to demonstrate an intention to dedicate immediately.
DEDICATION
PUBLIC HIGHWAY
BREACH OF COVENANT
IMPLIED COVENANTS