Sinclair v Kearsley & Anor [2010] EWCA Civ 112 (24 February 2010)

Sinclair v Kearsley & Anor [2010] EWCA Civ 112 (24 February 2010)

There is no evidence of dedication or acceptance of the verge as a public vehicular highway; the facts are inconsistent with implied dedication, and the planning and closure applications were based on a misapprehension. The land remains private, with only a public right of way on foot along the footpath.

Citation
[2010] EWCA Civ 112
Parties
Claimant/respondent: David James Sinclair; Defendant/part 20 Claimant/appellant: Anthony Jack Kearsley; Defendant/part 20 Claimant/appellant: Jane Elizabeth Kearsley; Defendant to Part 20 Claim/respondent: Salford City Council
Jurisdiction
England and Wales
Judgment Date
24 February 2010
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Dedication of Highways, Implied Dedication, Public Rights of Way, Private Roads, Vehicular Access
Property Law Highways Law Dedication of Highways Implied Dedication Public Rights of Way Private Roads Vehicular Access

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Parties

David James Sinclair

Claimant/respondent

Anthony Jack Kearsley

Defendant/part 20 Claimant/appellant

Jane Elizabeth Kearsley

Defendant/part 20 Claimant/appellant

Salford City Council

Defendant to Part 20 Claim/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the verge between the footpath and 9 Victoria Crescent is a public highway with public vehicular rights
  2. 2 Whether there was implied dedication and acceptance of the land as a public vehicular highway

Ratio Decidendi

There is no evidence of dedication or acceptance of the verge as a public vehicular highway; the facts are inconsistent with implied dedication, and the planning and closure applications were based on a misapprehension. The land remains private, with only a public right of way on foot along the footpath.

Court Disposition

Appeal allowed

Orders

  • Declaration that the verge is not a public highway with vehicular rights, except for the footpath as a public right of way on foot
  • Injunction against the claimant/respondent from trespassing over the verge for vehicular access