Illegality of vehicular access over common land (House of Lords)

Resource type: Legal update: archive

Status: Law stated as at 01-Apr-2004

Jurisdictions: England, Wales

Bakewell Management Limited v Brandwood, 1 April 2004 (House of Lords).

The House of Lords has overruled the decision of the Court of Appeal in this case and has decided that Hanning v Top Deck Travel Group Limited was wrongly decided.

The decision will bring welcome relief to all owners of properties to which the only vehicular access has been across common land and where the owners have (but for Hanning) acquired the right of access by prescription.

They will now be able to continue to use the established vehicular right of access over the common land without having to go through the scheme set up under section 68 of the Countryside and Rights of Way Act 2000, and without having to pay anything to the owners of the common land.

Free trial

New users may access this content by requesting a free, no-obligation trial to our services. To trial please register below, telephone +44 (0)20 7202 1220 or e-mail info@practicallaw.com.

A free trial will give you:

✔	Access to a vast bank of maintained precedents
✔	Daily, weekly and monthly e-mail updates across practice areas of your choice
✔	Practical guidance on the law, applied to situations you face daily
	Register

Log in

Subscribers and those on trial may access this content by logging in below.

Contact Us

If you would like help, please contact the PLC Helpline or see our Help page.