KBC Developments LLP v Wavin Limited & Anor

KBC Developments LLP v Wavin Limited & Anor

The Level Strip was included in the land adopted as public highway under the s.38 Agreement, as evidenced by the Adoption Plan and the agreement's terms. The zone of ordinary use includes the airspace necessary for the proposed bridge. Even if not adopted, KBC retains a contractual right to connect under the Conveyance until such adoption occurs.

Parties
Claimant: KBC Developments LLP; First Defendant: Wavin Limited; Second Defendant: Wiltshire Council
Jurisdiction
England and Wales
Judgment Date
31 January 2023
Procedural Posture
Civil Property Dispute / Judgment After Trial
Outcome
Declaration granted for the claimant
Legal Topics
Adoption of Highway, Statutory Interpretation, Conveyancing, Rights of Way
Property Law Highway Law Adoption of Highway Statutory Interpretation Conveyancing Rights of Way

Case Brief

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Parties

KBC Developments LLP

Claimant

Wavin Limited

First Defendant

Wiltshire Council

Second Defendant

Procedural Posture

Civil Property Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the Level Strip was adopted as public highway under the s.38 Agreement
  2. 2 Whether the vertical and horizontal extent of the adopted highway includes the Level Strip sufficient for bridge construction
  3. 3 Whether KBC has a contractual right to connect to Parsonage Way under the Conveyance if the Level Strip was not adopted

Ratio Decidendi

The Level Strip was included in the land adopted as public highway under the s.38 Agreement, as evidenced by the Adoption Plan and the agreement's terms. The zone of ordinary use includes the airspace necessary for the proposed bridge. Even if not adopted, KBC retains a contractual right to connect under the Conveyance until such adoption occurs.

Court Disposition

Declaration granted for the claimant

Orders

  • Declaration that there is no gap between Parsonage Way and the legal boundary between Wavin’s land and Network Rail’s land
  • KBC may connect the proposed railway bridge to Parsonage Way