Smith, R (on the application of) v Land Registry (Peterborough)

Smith, R (on the application of) v Land Registry (Peterborough)

It is a legal impossibility for a claimant to acquire title by adverse possession to part of a public highway where the acts relied on constitute criminal obstruction; public rights over highways cannot be extinguished by adverse possession, only by statute or order.

Source-derived case information.

Parties
Claimant: Smith; Defendant: The Land Registry (Peterborough Office); Interested Party: Cambridge County Council
Jurisdiction
England and Wales
Judgment Date
13 February 2009
Procedural Posture
Judicial Review / Judgment and Post Judgment Applications
Outcome
Application dismissed
Legal Topics
Adverse Possession, Extinguishment of Highways, Illegality and Public Policy, Judicial Review Procedure
Land Law Administrative Law Highway Law Adverse Possession Extinguishment of Highways Illegality and Public Policy Judicial Review Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Smith

Claimant

The Land Registry (Peterborough Office)

Defendant

Cambridge County Council

Interested Party

Procedural Posture

Judicial Review / Judgment and Post Judgment Applications

Legal Issues

  1. 1 Whether title to a public highway can be acquired by adverse possession
  2. 2 Whether adverse possession can extinguish a public right of way
  3. 3 Whether acts constituting criminal obstruction can found a claim for adverse possession

Ratio Decidendi

It is a legal impossibility for a claimant to acquire title by adverse possession to part of a public highway where the acts relied on constitute criminal obstruction; public rights over highways cannot be extinguished by adverse possession, only by statute or order.

Court Disposition

Application dismissed

Orders

  • Claimant to pay defendant's costs, not to be enforced without leave due to public funding
  • No order as to costs for the interested party, position reserved