Law lords ease the burden of access
Series: Estates Gazette ; (0426) 26 June 2004, 184-186(3)Publication details: 2004Subject(s): Summary: "Bakewell Management Ltd v Brandwood" ([2004] UKHL 14, Abs67683) sets an important precedent for property owners requiring vehicular access over common land."Bakewell" implies that where vehicular access has taken place for more than 20 years there is an established right of access under the prescription rules. Refers to previous precedents "Hanning v Top Deck Travel Group Ltd" (CA, [1994] 68 P&CR 14) and "Massey v Boulden" ([2002] EWCA Civ 1634, Abs66173) which "upheld" the rights of the landowners. Notes that "Bakewell" does not address the question of town and village greens. States that "Bakewell" undermines the Countryside and Rights of Way Act 2000 s68. For DEFRA guidance on "Bakewell" see WB4019-16.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67978 (Browse shelf(Opens below)) | 1 | Available | 126702-1001 |
"Bakewell Management Ltd v Brandwood" ([2004] UKHL 14, Abs67683) sets an important precedent for property owners requiring vehicular access over common land."Bakewell" implies that where vehicular access has taken place for more than 20 years there is an established right of access under the prescription rules. Refers to previous precedents "Hanning v Top Deck Travel Group Ltd" (CA, [1994] 68 P&CR 14) and "Massey v Boulden" ([2002] EWCA Civ 1634, Abs66173) which "upheld" the rights of the landowners. Notes that "Bakewell" does not address the question of town and village greens. States that "Bakewell" undermines the Countryside and Rights of Way Act 2000 s68. For DEFRA guidance on "Bakewell" see WB4019-16.