Swan Hill Developments Ltd & Ors v British Waterways Board [1997] EWCA Civ 1089 (25 February 1997)

Swan Hill Developments Ltd & Ors v British Waterways Board [1997] EWCA Civ 1089 (25 February 1997)

Section 79 of the Grand Junction Canal Act 1793 confers rights on owners or occupiers of land abutting the canal on one side, not only on those whose land is severed by the canal. The word 'through' does not restrict the rights to double riparian owners. Rights under Section 79 may be exercised by successors in title and do not require continuous common ownership or occupation since the canal's construction.

Citation
[1997] EWCA Civ 1089
Parties
Plaintiff: Developers (Plaintiffs); Defendant: British Waterways Board
Jurisdiction
England and Wales
Judgment Date
25 February 1997
Procedural Posture
Appeal / Judgment on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Interpretation of Private Acts, Rights of Landowners Adjacent to Canals, Construction of Statutory Terms, Successor Rights Under Statutory Provisions
Property Law Statutory Interpretation Interpretation of Private Acts Rights of Landowners Adjacent to Canals Construction of Statutory Terms Successor Rights Under Statutory Provisions

Case Brief

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Parties

Developers (Plaintiffs)

Plaintiff

British Waterways Board

Defendant

Procedural Posture

Appeal / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether Section 79 of the Grand Junction Canal Act 1793 confers rights on owners/occupiers of land abutting the canal on one side or only on those whose land is severed by the canal (double riparian owners)
  2. 2 Whether rights under Section 79 continue to exist for successors in title or require continuous common ownership

Ratio Decidendi

Section 79 of the Grand Junction Canal Act 1793 confers rights on owners or occupiers of land abutting the canal on one side, not only on those whose land is severed by the canal. The word 'through' does not restrict the rights to double riparian owners. Rights under Section 79 may be exercised by successors in title and do not require continuous common ownership or occupation since the canal's construction.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Leave to appeal to the House of Lords refused