Abbots Ride Land Ltd v Surrey County Council & Anor [2019] EWHC 3560 (QB) (27 November 2019)

Abbots Ride Land Ltd v Surrey County Council & Anor [2019] EWHC 3560 (QB) (27 November 2019)

The court held that, on the evidence, both Macari and the Turners intended to dedicate the Verge as highway, and that the judge was entitled to infer dedication from the cumulative circumstantial evidence, including the 1957 agreement, the plan, the conduct of the parties, and the treatment of the Verge by the Council and public. The appeal was dismissed as the judge's findings were within the bounds of reasonable inference.

Citation
[2019] EWHC 3560 (QB)
Parties
Claimant/appellant: Abbots Ride Land Limited; First Defendant/respondent: Surrey County Council; Second Defendant/respondent: Wates Developments Limited
Jurisdiction
England and Wales
Judgment Date
27 November 2019
Procedural Posture
Appeal / High Court Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Dedication of Highway, Public Rights of Way, Express and Implied Dedication, Interpretation of Agreements, Land Transfer and Improvement Lines
Property Law Highways Law Administrative Law Dedication of Highway Public Rights of Way Express and Implied Dedication Interpretation of Agreements Land Transfer and Improvement Lines

Case Brief

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Parties

Abbots Ride Land Limited

Claimant/appellant

Surrey County Council

First Defendant/respondent

Wates Developments Limited

Second Defendant/respondent

Procedural Posture

Appeal / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the Verge was dedicated as a public highway by express or implied dedication
  2. 2 Whether subsequent land transfers affected the dedication
  3. 3 Interpretation of the 1957 agreement and associated plans

Ratio Decidendi

The court held that, on the evidence, both Macari and the Turners intended to dedicate the Verge as highway, and that the judge was entitled to infer dedication from the cumulative circumstantial evidence, including the 1957 agreement, the plan, the conduct of the parties, and the treatment of the Verge by the Council and public. The appeal was dismissed as the judge's findings were within the bounds of reasonable inference.

Court Disposition

Appeal dismissed

Orders

  • No declaration granted; County Court judgment upheld