Bexley London Borough Council v Maison Maurice Ltd
Bexley London Borough Council v Maison Maurice Ltd
- 2007
- Estates Gazette [2006] EWHC 3192 (Ch) .
ChD 15 December 2006. A local authority claimed ownership over a strip of land adjacent to a highway and had sought payment from the defendant property owner in return for a permanent right of access to the highway. The issue raised was whether the council was entitled to charge the defendant for licence to cross a ransom strip they had built along the southern boundary of his property and whether the ransom strip could be considered part of the highway. "Held": it was decided that the defendant had complied with all the planning conditions set by the local authority and that, as both parties had behaved as if the defendant had a right of way over the new crossover in place of its old right of way he could therefore reasonably expect that there would be a new permanent and safe access in substitution for the old without additional payment other than the local authority's costs, which had been paid. The claim was therefore dismissed.
BEXLEY LONDON BOROUGH COUNCIL V MAISON MAURICE LTD
England--886-
ChD 15 December 2006. A local authority claimed ownership over a strip of land adjacent to a highway and had sought payment from the defendant property owner in return for a permanent right of access to the highway. The issue raised was whether the council was entitled to charge the defendant for licence to cross a ransom strip they had built along the southern boundary of his property and whether the ransom strip could be considered part of the highway. "Held": it was decided that the defendant had complied with all the planning conditions set by the local authority and that, as both parties had behaved as if the defendant had a right of way over the new crossover in place of its old right of way he could therefore reasonably expect that there would be a new permanent and safe access in substitution for the old without additional payment other than the local authority's costs, which had been paid. The claim was therefore dismissed.
BEXLEY LONDON BOROUGH COUNCIL V MAISON MAURICE LTD
England--886-