Brandwood & Ors v Bakewell Management Ltd.

Brandwood & Ors v Bakewell Management Ltd.

The appellants cannot acquire an easement by prescription or lost modern grant where the user relied upon was illegal under section 193(4) of the Law of Property Act 1925. 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. Public policy precludes the acquisition of rights by illegal conduct.

Parties
Appellant/defendant: Roland Brandwood and Others; Respondent/claimant: 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
Property Law Land Law Easements Prescription Illegality Common Land Lost Modern Grant

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 31 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Roland Brandwood and Others

Appellant/defendant

Bakewell Management Ltd.

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Chancery Division to Court of Appeal

Legal Issues

  1. 1 Whether an easement by prescription or lost modern grant can be acquired by illegal user over common land in breach of statute
  2. 2 Whether the Court of Appeal is bound by its previous decision in Hanning v Top Deck Travel Group Ltd.

Ratio Decidendi

The appellants cannot acquire an easement by prescription or lost modern grant where the user relied upon was illegal under section 193(4) of the Law of Property Act 1925. 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. Public policy precludes the acquisition of rights by illegal conduct.

Court Disposition

Appeal dismissed

Orders

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