000 01714cam a2200265 4500
001 ABS66385
008 030121n2002 000 0 eng u
035 _a(Sirsi) u121078
245 _aCommission for New Towns and another v J J Gallagher Ltd
260 _c2002
490 _aEstates Gazette
_v[2003] 01 EG 67 (CS)
490 _aProperty. Planning and Compensation Reports
_v[2003] 2 P&CR 24-57(34)
520 _a[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).
590 _aABS
650 _aHIGHWAYS
650 _aBRIDLEWAYS
650 _aDEVELOPMENT LAND
650 _aHOUSING DEVELOPMENTS
650 _aNEW TOWNS COMMISSION AND ANOTHER V J J GALLAGHER LTD
650 _aCONVEYANCING
650 _aRANSOM STRIPS
650 _aLAW OF PROPERTY 1925 S62
690 _aPROPERTY AND LAND LAW-CASE LAW
942 _n0
999 _c71942
_d71942