ADM Milling Ltd v Tewkesbury Town Council & Ors [2011] EWHC 595 (Ch) (16 March 2011)

ADM Milling Ltd v Tewkesbury Town Council & Ors [2011] EWHC 595 (Ch) (16 March 2011)

Section 193 Law of Property Act 1925 applies to land subject to rights of sole vesture, including Severn Ham, unless such rights were validly extinguished before 1 January 1926. The Quay, Key Bridge, and certain mill buildings were never subject to the 1808 Act rights, but other parts of ADM's land may have been. Extinguishment at common law does not suffice to remove land from section 193 unless statutory procedures are followed.

Citation
[2011] EWHC 595 (Ch)
Parties
Claimant: ADM Milling Ltd; First Defendant: Tewkesbury Town Council; Defendant: Attorney General; Defendants: Trustees of Tewkesbury Commons
Jurisdiction
England and Wales
Judgment Date
16 March 2011
Procedural Posture
Chancery Division Declaratory Action / Judgment
Outcome
Declarations granted in part; ADM's land not subject to public rights of access where never subject to 1808 Act rights; no declaration as to Town Council's land; action discontinued against Attorney General; Trustees played no part.
Legal Topics
Rights of Common, Public Access, Law of Property Act 1925, Enclosure Acts, Sole Vesture, Extinguishment of Rights
Property Law Land Law Commons Law Rights of Common Public Access Law of Property Act 1925 Enclosure Acts Sole Vesture +1 more

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Parties

ADM Milling Ltd

Claimant

Tewkesbury Town Council

First Defendant

Attorney General

Defendant

Trustees of Tewkesbury Commons

Defendants

Procedural Posture

Chancery Division Declaratory Action / Judgment

Legal Issues

  1. 1 Whether rights of public access exist over ADM's land under section 193 Law of Property Act 1925
  2. 2 Whether ADM's land was ever subject to rights of sole vesture created by the 1808 Act
  3. 3 Whether such rights were validly extinguished before 1 January 1926

Ratio Decidendi

Section 193 Law of Property Act 1925 applies to land subject to rights of sole vesture, including Severn Ham, unless such rights were validly extinguished before 1 January 1926. The Quay, Key Bridge, and certain mill buildings were never subject to the 1808 Act rights, but other parts of ADM's land may have been. Extinguishment at common law does not suffice to remove land from section 193 unless statutory procedures are followed.

Court Disposition

Declarations granted in part; ADM's land not subject to public rights of access where never subject to 1808 Act rights; no declaration as to Town Council's land; action discontinued against Attorney General; Trustees played no part.

Orders

  • Declaration that the Quay, Key Bridge, and certain mill buildings are not subject to public rights of access under section 193 Law of Property Act 1925.
  • No declaration as to Tewkesbury Town Council's land.