Commission for New Towns & Anor v JJ Gallagher Ltd [2002] EWHC 2668 (Ch) (16 December 2002)

Commission for New Towns & Anor v JJ Gallagher Ltd [2002] EWHC 2668 (Ch) (16 December 2002)

The relevant part of Beoley Lane was included in the 1971 conveyance to the Council by virtue of the highway presumption, which was not rebutted by the terms of the conveyance, the plan, the valuation, or surrounding circumstances. Section 62 does not operate to include physical land not otherwise conveyed. The Commission does not have a private right of way for all purposes over Beoley Lane under the rule in Wheeldon v Burrows, as there was no evidence of such use at the time of the grant.

Citation
[2002] EWHC 2668 (Ch)
Parties
Claimant: The Commission for New Towns; Claimant: Worcestershire County Council; Defendant: JJ Gallagher Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2002
Procedural Posture
Chancery Division Property Dispute / High Court Judgment
Outcome
Claimants succeed on the first issue; Beoley Lane was included in the 1971 conveyance to the Council.
Legal Topics
Conveyancing, Highway Presumption, Section 62 Law of Property Act 1925, Easements, Ransom Land, Interpretation of Conveyances
Property Law Land Law Conveyancing Highway Presumption Section 62 Law of Property Act 1925 Easements Ransom Land Interpretation of Conveyances

Case Brief

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Parties

The Commission for New Towns

Claimant

Worcestershire County Council

Claimant

JJ Gallagher Limited

Defendant

Procedural Posture

Chancery Division Property Dispute / High Court Judgment

Legal Issues

  1. 1 Whether Beoley Lane was included in the 1971 conveyance to the Council under the highway presumption or section 62 of the Law of Property Act 1925
  2. 2 Whether the Commission has a private right of way for all purposes over Beoley Lane if not included in the conveyance
  3. 3 Whether Beoley Lane is a public highway for all purposes (carriageway)

Ratio Decidendi

The relevant part of Beoley Lane was included in the 1971 conveyance to the Council by virtue of the highway presumption, which was not rebutted by the terms of the conveyance, the plan, the valuation, or surrounding circumstances. Section 62 does not operate to include physical land not otherwise conveyed. The Commission does not have a private right of way for all purposes over Beoley Lane under the rule in Wheeldon v Burrows, as there was no evidence of such use at the time of the grant.

Court Disposition

Claimants succeed on the first issue; Beoley Lane was included in the 1971 conveyance to the Council.

Orders

  • Declaration that the relevant part of Beoley Lane was included in the 1971 conveyance to the Council.
  • No need to determine the alternative arguments or the third issue.