Vehicular way over common land
Series: Estates Gazette Case Summaries ; [2002] 14 EG 124 (CS) (6/4/02) | Journal of Planning and Environment Law ; [2003] JPL 75-82(9)Publication details: 2002Subject(s): Summary: "Bakewell Management Ltd v Brandwood and others" ([2002] EWHC 472 (Ch), 21 March 2002). The claimant company (X) executed a deed acquired in 1986 that prohibited any person from drawing or driving any vehicle on their common in line with the Law of Property Act 1925 s193. The defendant householders (Y) who had enjoyed full access for over 20 years rejected X's assertion that they would now need X'sauthorisation on the grounds that they all had an easement of way acquired under the Prescription Act 1837 and/or the doctrine of lost modern grant. Judgement for the claimant on basis that neither form of prescription could be be based upon activity contrary to the criminal law.| Item type | Current library | Copy number | Status | Barcode | |
|---|---|---|---|---|---|
| Law report | London News article | 1 | Available | 117440-1001 |
"Bakewell Management Ltd v Brandwood and others" ([2002] EWHC 472 (Ch), 21 March 2002). The claimant company (X) executed a deed acquired in 1986 that prohibited any person from drawing or driving any vehicle on their common in line with the Law of Property Act 1925 s193. The defendant householders (Y) who had enjoyed full access for over 20 years rejected X's assertion that they would now need X'sauthorisation on the grounds that they all had an easement of way acquired under the Prescription Act 1837 and/or the doctrine of lost modern grant. Judgement for the claimant on basis that neither form of prescription could be be based upon activity contrary to the criminal law.