Hereford and Worcester CC v Sylvia Marion Pick
Hereford and Worcester CC v Sylvia Marion Pick
- 1996
- Property and Compensation Reports [1996] 71 P&CR 231-241(6) .
QBD 12 July 1995. A right of way through a hedge, passing between two housing estates, was developed in 1984 as an emergency road link with a a barrier to prevent motorcyclists and cyclists riding through without dismounting. A locked gate was later added. The appellants were convicted by the Justices of wilfully obstructing free passage, the appellants appealed. The appeal was allowed. It was held that the passage was not a public highway for all purposes and that any interference caused by the gate with the right of way was minimal and was not therefore an unlawful obstruction.
EMERGENCY ROADS
GATED ROADS
HEREFORD AND WORCESTER CC V SYLVIA MARION PICK
RIGHT OF WAY
UNLAWFUL OBSTRUCTION
QBD 12 July 1995. A right of way through a hedge, passing between two housing estates, was developed in 1984 as an emergency road link with a a barrier to prevent motorcyclists and cyclists riding through without dismounting. A locked gate was later added. The appellants were convicted by the Justices of wilfully obstructing free passage, the appellants appealed. The appeal was allowed. It was held that the passage was not a public highway for all purposes and that any interference caused by the gate with the right of way was minimal and was not therefore an unlawful obstruction.
EMERGENCY ROADS
GATED ROADS
HEREFORD AND WORCESTER CC V SYLVIA MARION PICK
RIGHT OF WAY
UNLAWFUL OBSTRUCTION