Brandwood & Ors v Bakewell Management Ltd. [2003] EWCA Civ 23 (30 January 2003)

Brandwood & Ors v Bakewell Management Ltd. [2003] EWCA Civ 23 (30 January 2003)

A right of way for vehicles over common land cannot be acquired by prescription or lost modern grant where the use relied upon was illegal under section 193(4) of the Law of Property Act 1925. The doctrine of lost modern grant cannot operate to deem unlawful acts as lawful, and public policy prevents the acquisition of rights by criminal conduct. The Court of Appeal is bound by its previous decision in Hanning v Top Deck Travel Group Ltd, which is directly on point and not per incuriam.

Citation
[2003] EWCA Civ 23
Parties
Defendant/appellants: Roland Brandwood and Others; Claimants/respondent: Bakewell Management Ltd.
Jurisdiction
England and Wales
Judgment Date
30 January 2003
Procedural Posture
Civil Appeal / Appeal From Chancery Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Easements, Prescription, Illegality, Common Land, Lost Modern Grant, Statutory Interpretation
Property Law Land Law Easements Prescription Illegality Common Land Lost Modern Grant Statutory Interpretation

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Parties

Roland Brandwood and Others

Defendant/appellants

Bakewell Management Ltd.

Claimants/respondent

Procedural Posture

Civil Appeal / Appeal From Chancery Division to Court of Appeal

Legal Issues

  1. 1 Whether a right of way for vehicles over common land can be acquired by prescription or lost modern grant when such use was prohibited by statute and constituted a criminal offence under section 193(4) of the Law of Property Act 1925.

Ratio Decidendi

A right of way for vehicles over common land cannot be acquired by prescription or lost modern grant where the use relied upon was illegal under section 193(4) of the Law of Property Act 1925. The doctrine of lost modern grant cannot operate to deem unlawful acts as lawful, and public policy prevents the acquisition of rights by criminal conduct. The Court of Appeal is bound by its previous decision in Hanning v Top Deck Travel Group Ltd, which is directly on point and not per incuriam.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, subject to detailed assessment.
  • Interim payment of £10,000.