Massey and another v Boulden and another (Record no. 71701)

MARC details
000 -LEADER
fixed length control field 02097cam a2200301 4500
001 - CONTROL NUMBER
control field ABS66173
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 021203n2002 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u120655
245 ## - TITLE STATEMENT
Title Massey and another v Boulden and another
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2002
490 ## - SERIES STATEMENT
Series statement Estates Gazette Case Summaries
Volume/sequential designation [2002] 48 EG 139 (CS)
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2003] 11 EG 154-163(12)
490 ## - SERIES STATEMENT
Series statement Property, Planning and Compensation Reports
Volume/sequential designation [2003} 1 P&CR 354-371(180
520 ## - SUMMARY, ETC.
Summary, etc. [2002] EWCA Civil 1634, 14 November 2002. The respondents (M) claimed a prescriptive right of way across common land on the basis that it had been used for many years by previous owners of their property. The appellants (B) contended that access was in breach of the Road Traffic Act 1988 s34(1)(a), which made driving a motor vehicle on 'common land, moorland or land of any other description' a criminal offence. This lead to the questions of whether the green fell under the term 'land of any other description' and whether a prescriptive right could be founded on the commission of a criminal offence. It was judged that B's argument failed because it was decided the use of 'any other description' by Parliament excluded the "eiusdem generis" rule of construction. M could not claim prescriptive rights as this could only be acquired where the public already had access but they were not proscribed from purchasing an easement from B under the Countryside and Rights of Way Act 2000 s68 and the Vehicular Access Across Common and Other Land (England) Regulations 2002. Held. B's appeal allowed.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MASSEY AND ANOTHER V BOULDEN AND ANOTHER
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMMON LAND
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RIGHT OF WAY
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element VILLAGE GREENS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ROAD TRAFFIC ACT 1988
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMMONS REGISTRATION ACT 1965
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PRESCRIPTIVE RIGHTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element VEHICULAR ACCESS ACROSS COMMON AND OTHER LAND (ENGLAND) REGULATIONS 2002
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element VEHICULAR ACCESS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COUNTRYSIDE AND RIGHTS OF WAY ACT 2000
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY AND LAND LAW-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 03/12/2002   ABS66173 120655-1001 06/08/2019 1 06/08/2019 Law report