Fortune & Ors v Wiltshire Council & Anor

Fortune & Ors v Wiltshire Council & Anor

Sections A and B of Rowden Lane are a public vehicular highway, dedicated at common law, and vehicular rights of passage were not extinguished by section 67 of NERCA because the highway was included in the Council's list of streets maintained under section 36(6) of the Highways Act 1980. The Council's electronic database qualifies as a valid list of streets for this purpose, and the evidence supports the existence and continuity of vehicular rights.

Parties
Appellants: Fortune & Ors; Respondents: Wiltshire Council & Anr
Jurisdiction
England and Wales
Judgment Date
20 March 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Highways, Dedication of Public Rights of Way, Extinguishment of Vehicular Rights, Natural Environment and Rural Communities Act 2006, Highways Act 1980, Conveyancing, Definitive Map Process
Property Law Administrative Law Statutory Interpretation Highways Dedication of Public Rights of Way Extinguishment of Vehicular Rights Natural Environment and Rural Communities Act 2006 Highways Act 1980 +2 more

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Parties

Fortune & Ors

Appellants

Wiltshire Council & Anr

Respondents

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether sections A and B of Rowden Lane are a public vehicular highway dedicated at common law
  2. 2 Whether public vehicular rights of passage over Rowden Lane were extinguished by section 67 of NERCA
  3. 3 Whether the Council's electronic database constitutes a valid 'list of streets' under section 36(6) of the Highways Act 1980 for the purposes of NERCA exceptions

Ratio Decidendi

Sections A and B of Rowden Lane are a public vehicular highway, dedicated at common law, and vehicular rights of passage were not extinguished by section 67 of NERCA because the highway was included in the Council's list of streets maintained under section 36(6) of the Highways Act 1980. The Council's electronic database qualifies as a valid list of streets for this purpose, and the evidence supports the existence and continuity of vehicular rights.

Court Disposition

Appeal dismissed

Orders

  • Sections A and B of Rowden Lane are declared a public vehicular highway.
  • Vehicular rights of passage are not extinguished by NERCA.