V. Edinburgh and District Water [1907] UKHL 1018_1 (25 April 1907)

V. Edinburgh and District Water [1907] UKHL 1018_1 (25 April 1907)

The Order was allowed with modifications to ensure Sir Basil Montgomery's rights of access were protected, reserving his right to oppose any future application to sell or lease the railway for public traffic, and securing his claim for further compensation and reasonable arrangements to avoid inconvenience.

Citation
[1907] UKHL 1018_1
Parties
Applicant: Edinburgh and District Water Trustees; Objector: Sir Basil Montgomery
Jurisdiction
United Kingdom
Judgment Date
25 April 1907
Procedural Posture
Order Promotion/opposition / House of Lords Decision
Outcome
Order granted with modifications
Legal Topics
Compulsory Purchase, Railway Construction, Land Access Rights, Compensation, Statutory Powers
Property Law Administrative Law Compulsory Purchase Railway Construction Land Access Rights Compensation Statutory Powers

Case Brief

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Parties

Edinburgh and District Water Trustees

Applicant

Sir Basil Montgomery

Objector

Procedural Posture

Order Promotion/opposition / House of Lords Decision

Legal Issues

  1. 1 Whether the Trustees could retain the railway for ongoing access after completion of the Talla works
  2. 2 Whether Sir Basil Montgomery's reserved access rights would be prejudiced by the continued existence of the railway
  3. 3 Whether adequate protection and compensation provisions should be made for the objector

Ratio Decidendi

The Order was allowed with modifications to ensure Sir Basil Montgomery's rights of access were protected, reserving his right to oppose any future application to sell or lease the railway for public traffic, and securing his claim for further compensation and reasonable arrangements to avoid inconvenience.

Court Disposition

Order granted with modifications

Orders

  • Provisions inserted to protect Sir Basil Montgomery's right of access
  • Reservation of right to oppose sale or lease of railway for public traffic