000			01600cam a2200253 4500
001			ABS67026
008			031003n2003 000 0 eng u
035			_a(Sirsi) u123841
245			_aHayling v Harper and another
260			_c2003
490			_aEstates Gazette _v[2003] EWCA Civ 117-121(5)
520			_a[2003] EWCA Civ 1147, 2 April 2003. Concerned a dispute over a vehicular right of way. Appellant Harper (X) appealed against a County Court decision which held the Road Traffic Act 1930 s34 did not apply to the disputed track and granted to the respondent Hayling (Y) a vehicular right of way. The County Court reject X's argument that "Hanning v Top Deck Travel Group Ltd" ([1994] EWCA Civ 1147, X1744) should apply. X appealed. Y cross appealed arguing that the right of way might have been acquired by lost modern grant based upon 20 years use prior to 1930. CA held that "Hanning" should apply and that following the Road Traffic Act 1930, Y would not have acquired any right of way for vehicles by prescription based upon use. X's appeal allowed. Furthermore, the CA found that there was sufficient evidence to establish a right of way by virtue of the operation of the doctoring of lost modern grant. Cross appeal allowed.
590			_aABS
650			_aHAYLING V HARPER AND ANOTHER
650			_aEASEMENTS
650			_aPRESCRIPTION
650			_aRIGHT OF WAY
650			_aROAD TRAFFIC ACT 1988
650			_aROAD TRAFFIC ACT 1930
650			_aPUBLIC FOOTPATHS
650			_aHANNING V TOP DECK TRAVEL GROUP LTD
690			_aBoundary disputes _96221
942			_n0
999			_c73557 _d73557