Source: All England Reporter
Publisher Citation: [2002] All ER (D) 397 (May)
Neutral Citation: [2002] EWHC 104 (Admin)
Court: Administrative Court
Judge:

Elias J
Representation John Hobson QC and Gillian Carrington (instructed by DLA) for the claimants.
  Timothy Mould (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 24 May 2002

Catchwords

Highway - Dedication - Evidence - Parish council seeking to include footpath over appellants' land on definitive map - Secretary of State's inspector not making findings as to relevance of turning away strangers and locking gates to issue of use of route by permission or as of right - Whether inspector in error.

The Case

An inspector, hearing an objection against the adoption of a right of way over the appellants' land had erred in failing to make findings as to the relevance of the turning back of strangers and the locking of gates when considering whether passage over the proposed right of way was as of right or by permission. There was no suggestion that at the material time a distinction should be drawn between the actions of the tenant and the actions of the landlord, and it was difficult to see why a tenant's acquiescence should bind the landlord, but not positive acts taken by the tenant, in accordance with the exercise of his rights over the property, to exclude strangers.

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