Commission for New Towns and another v J J Gallagher Ltd
Series: Estates Gazette ; [2003] 01 EG 67 (CS) | Property. Planning and Compensation Reports ; [2003] 2 P&CR 24-57(34)Publication details: 2002Subject(s): Summary: [2002] EWHC 2668 (Ch), 6 November 2002. In 1971 the defendant's (G) predecessor executed a conveyance in favour of land known as Wynates Triangle which was bounded on two sides by major roads and on the third side by little used Beoley Lane. Now that the land was to be developed as housing, requiring access by a lane rather than the two major roads bordering the other two sides, G made a ransom claim to the lane and that ownership of the lane had not passed to C in the 1971 conveyance. No proof of this could be found in the 1971 conveyance to support either side so the case was judged on evidence of physical character and historical use of the lane and what presumptions might be applied. "Held": the lane belonged to C and it had been dedicated for use as a public carriageway. C could not rely on the Law of Property Act 1925 s62 or 'highway presumption' (applicable where the vendor owned property on one side only).| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS66385 (Browse shelf(Opens below)) | 1 | Available | 121078-1001 |
[2002] EWHC 2668 (Ch), 6 November 2002. In 1971 the defendant's (G) predecessor executed a conveyance in favour of land known as Wynates Triangle which was bounded on two sides by major roads and on the third side by little used Beoley Lane. Now that the land was to be developed as housing, requiring access by a lane rather than the two major roads bordering the other two sides, G made a ransom claim to the lane and that ownership of the lane had not passed to C in the 1971 conveyance. No proof of this could be found in the 1971 conveyance to support either side so the case was judged on evidence of physical character and historical use of the lane and what presumptions might be applied. "Held": the lane belonged to C and it had been dedicated for use as a public carriageway. C could not rely on the Law of Property Act 1925 s62 or 'highway presumption' (applicable where the vendor owned property on one side only).