Hayling v Harper and another
Hayling v Harper and another
- 2003
- Estates Gazette [2003] EWCA Civ 117-121(5) .
[2003] EWCA Civ 1147, 2 April 2003. Concerned a dispute over a vehicular right of way. Appellant Harper (X) appealed against a County Court decision which held the Road Traffic Act 1930 s34 did not apply to the disputed track and granted to the respondent Hayling (Y) a vehicular right of way. The County Court reject X's argument that "Hanning v Top Deck Travel Group Ltd" ([1994] EWCA Civ 1147, X1744) should apply. X appealed. Y cross appealed arguing that the right of way might have been acquired by lost modern grant based upon 20 years use prior to 1930. CA held that "Hanning" should apply and that following the Road Traffic Act 1930, Y would not have acquired any right of way for vehicles by prescription based upon use. X's appeal allowed. Furthermore, the CA found that there was sufficient evidence to establish a right of way by virtue of the operation of the doctoring of lost modern grant. Cross appeal allowed.
HAYLING V HARPER AND ANOTHER
EASEMENTS
PRESCRIPTION
RIGHT OF WAY
ROAD TRAFFIC ACT 1988
ROAD TRAFFIC ACT 1930
PUBLIC FOOTPATHS
HANNING V TOP DECK TRAVEL GROUP LTD
[2003] EWCA Civ 1147, 2 April 2003. Concerned a dispute over a vehicular right of way. Appellant Harper (X) appealed against a County Court decision which held the Road Traffic Act 1930 s34 did not apply to the disputed track and granted to the respondent Hayling (Y) a vehicular right of way. The County Court reject X's argument that "Hanning v Top Deck Travel Group Ltd" ([1994] EWCA Civ 1147, X1744) should apply. X appealed. Y cross appealed arguing that the right of way might have been acquired by lost modern grant based upon 20 years use prior to 1930. CA held that "Hanning" should apply and that following the Road Traffic Act 1930, Y would not have acquired any right of way for vehicles by prescription based upon use. X's appeal allowed. Furthermore, the CA found that there was sufficient evidence to establish a right of way by virtue of the operation of the doctoring of lost modern grant. Cross appeal allowed.
HAYLING V HARPER AND ANOTHER
EASEMENTS
PRESCRIPTION
RIGHT OF WAY
ROAD TRAFFIC ACT 1988
ROAD TRAFFIC ACT 1930
PUBLIC FOOTPATHS
HANNING V TOP DECK TRAVEL GROUP LTD