000			02196cam a2200337 4500
001			ABS67683
008			040407n2004 000 0 eng u
035			_a(Sirsi) u125779
245			_aBakewell Management Limited v Brandwood and others
260			_c2004
490			_aWeekly Law Reports _v[2004] 2 WLR 955-975(21)
520			_a[2004] UKHL 14, 1 April 2004. HL overturned a previous CA decision ([2003] EWCA Civ 23, Abs66386), that Brandwood (B) and the other appellants were committing an offence in driving over common land owned by Bakewell Management (BM). CA had held that a prescriptive vehicular right could not be acquired as, under the Road Traffic Act 1988 and the Law of Property Act 1925 s193(4), it is illegal to drive a motor vehicle on land within 15 yards of a road without permission from the owner of the land. However, HL held that BM could have lawfully granted the necessary rights and assumed that consent had been given. The implication of this case is that where vehicular access has taken place for more than 20 years there is an established right of access under the prescription rules. This will affect homeowners, local authorities and private companies who own common land. It may also affect prescriptive rights which would otherwise have to be made under the Countryside and Rights of Way Act 2000 s68. View judgment at www.the-stationery-office.co.uk.
590			_aABS
590			_aABS
590			_aABS
650			_aBAKEWELL MANAGEMENT LTD V BRANDWOOD AND OTHERS
650			_aPRESCRIPTIVE RIGHTS
650			_aVEHICULAR ACCESS
650			_aLOST MODERN GRANT
650			_aCOMMON LAND
650			_aROAD TRAFFIC ACT 1988
650			_aLAW OF PROPERTY ACT 1925 S193(4)
650			_aCOUNTRYSIDE AND RIGHTS OF WAY ACT 2000 S68
650			_aHANNING V TOP DECK TRAVEL GROUP LTD
650			_aR V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
690			_aBOUNDARIES, PARTY WALLS AND EASEMENTS-RIGHTS OF WAY-CASE LAW
856			_uView judgment on the UK Parliament website...
856			_uView judgment on the UK Parliament website...
856			_uView judgment on the UK Parliament website...
942			_n0
999			_c117177 _d117177