ADM Milling Ltd v Tewkesbury Town Council & Ors

ADM Milling Ltd v Tewkesbury Town Council & Ors

Section 193 Law of Property Act 1925 applies to land subject to a right of sole vesture, but only where such rights subsisted at the commencement of the Act. Where the right created by the 1808 Act was extinguished before 1926, section 193 does not apply and no public rights of access exist over those parts of ADM's land.

Parties
Claimant: ADM Milling Ltd; First Defendant: Tewkesbury Town Council; Defendant: Attorney General; Defendant: Trustees of Tewkesbury Commons
Jurisdiction
England and Wales
Judgment Date
16 March 2011
Procedural Posture
Civil / Judgment
Outcome
Declarations refused in relation to Town Council's land and parts of ADM's land where section 193 does not apply; declarations granted as regards those parts of ADM's land to which section 193 does not apply.
Legal Topics
Rights of Common, Public Access, Extinguishment of Rights, Law of Property Act 1925, Commons Registration
Property Law Land Law Statutory Interpretation Rights of Common Public Access Extinguishment of Rights Law of Property Act 1925 Commons Registration

Case Brief

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Parties

ADM Milling Ltd

Claimant

Tewkesbury Town Council

First Defendant

Attorney General

Defendant

Trustees of Tewkesbury Commons

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether rights of public access exist over ADM Milling Ltd's land under section 193 Law of Property Act 1925
  2. 2 Whether the right of sole vesture created by the 1808 Act applies to ADM's land
  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 a right of sole vesture, but only where such rights subsisted at the commencement of the Act. Where the right created by the 1808 Act was extinguished before 1926, section 193 does not apply and no public rights of access exist over those parts of ADM's land.

Court Disposition

Declarations refused in relation to Town Council's land and parts of ADM's land where section 193 does not apply; declarations granted as regards those parts of ADM's land to which section 193 does not apply.

Orders

  • Counsel to draw a minute of order to give effect to the decision.