Abbots Ride Land Ltd v Surrey County Council & Anor
The judge was entitled to infer from the evidence that both Macari and the Turners intended to dedicate the Verge as highway, and that sufficient circumstantial evidence supported the finding of dedication and acceptance by the public. The appeal fails as the judge's conclusions were within reasonable bounds.
- 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 / Judgment on Appeal From County Court
- Outcome
- Appeal dismissed
- Legal Topics
- Dedication of Highway, Public Rights of Way, Land Transfer, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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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 / Judgment on Appeal From County Court
Legal Issues
- 1 Whether the Verge was dedicated as a highway subject to public rights of way
- 2 Whether dedication was express or implied
- 3 Effect of land transfer on dedication
Ratio Decidendi
The judge was entitled to infer from the evidence that both Macari and the Turners intended to dedicate the Verge as highway, and that sufficient circumstantial evidence supported the finding of dedication and acceptance by the public. The appeal fails as the judge's conclusions were within reasonable bounds.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed; the County Court's judgment stands.
Full Case Text
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