Smith, R (on the application of) v The Land Registry (Peterborough Office) & Anor

Smith, R (on the application of) v The Land Registry (Peterborough Office) & Anor

Title to land forming part of a public highway maintainable at public expense cannot be acquired by adverse possession while the land remains a highway, as statutory vesting under section 263 of the Highways Act 1980 persists and the public right of way cannot be extinguished by adverse possession; only statutory procedures can extinguish the highway and the associated public rights.

Parties
Appellant: Wayne Smith; Respondent: Land Registry (Peterborough Office); Interested Party: Cambridgeshire County Council
Jurisdiction
England and Wales
Judgment Date
10 March 2010
Procedural Posture
Judicial Review Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Highways, Public Rights of Way, Statutory Vesting, Land Registration
Property Law Administrative Law Adverse Possession Highways Public Rights of Way Statutory Vesting Land Registration

Case Brief

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Parties

Wayne Smith

Appellant

Land Registry (Peterborough Office)

Respondent

Cambridgeshire County Council

Interested Party

Procedural Posture

Judicial Review Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether a person may acquire title to land forming part of a public highway by adverse possession
  2. 2 Whether adverse possession can extinguish the public right of way over a highway
  3. 3 Effect of statutory vesting under section 263 of the Highways Act 1980 on adverse possession claims

Ratio Decidendi

Title to land forming part of a public highway maintainable at public expense cannot be acquired by adverse possession while the land remains a highway, as statutory vesting under section 263 of the Highways Act 1980 persists and the public right of way cannot be extinguished by adverse possession; only statutory procedures can extinguish the highway and the associated public rights.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed
  • No order setting aside the Land Registry's decision