000			02097cam a2200301 4500
001			ABS66173
008			021203n2002 000 0 eng u
035			_a(Sirsi) u120655
245			_aMassey and another v Boulden and another
260			_c2002
490			_aEstates Gazette Case Summaries _v[2002] 48 EG 139 (CS)
490			_aEstates Gazette _v[2003] 11 EG 154-163(12)
490			_aProperty, Planning and Compensation Reports _v[2003} 1 P&CR 354-371(180
520			_a[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			_aABS
650			_aMASSEY AND ANOTHER V BOULDEN AND ANOTHER
650			_aCOMMON LAND
650			_aRIGHT OF WAY
650			_aVILLAGE GREENS
650			_aROAD TRAFFIC ACT 1988
650			_aCOMMONS REGISTRATION ACT 1965
650			_aPRESCRIPTIVE RIGHTS
650			_aVEHICULAR ACCESS ACROSS COMMON AND OTHER LAND (ENGLAND) REGULATIONS 2002
650			_aVEHICULAR ACCESS
650			_aCOUNTRYSIDE AND RIGHTS OF WAY ACT 2000
690			_aPROPERTY AND LAND LAW-CASE LAW
942			_n0
999			_c71701 _d71701