||All England Reporter
|| All ER (D) 188 (Nov)
|| EWCA Civ 1634
||Court of Appeal, Civil Division
Simon Brown, Mantell and Sedley LJJ
||Peter Harrison (instructed by Kingsfords) for the claimants.
||Vivian Chapman (instructed by John Collins & Partners) for the defendants.
||14 November 2002
Common land - Registration - Town or village green - Unlawful use - Prescriptive right - Statutory construction - s 34(1)(a).
The claimants had not acquired a prescriptive right over a village green because their user was illegal. The language of s34(1)(a) of the was unambiguous. The introductory words 'any common land, moorland' themselves gave rise to no genus. First, because there was no real common feature between common land and moorland, and secondly since the insertion of the words 'of any other description' demonstrated Parliament's intention to exclude the ejusdem generis rule of construction. It followed that prescriptive rights to vehicular access could never be acquired save over 'land forming part of a road' namely over a public highway or over a road to which the public already had de facto access.
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