Source: All England Reporter
Publisher Citation: [2002] All ER (D) 188 (Nov)
Neutral Citation: [2002] EWCA Civ 1634
Court: Court of Appeal, Civil Division
Judge:

Simon Brown, Mantell and Sedley LJJ

Representation Peter Harrison (instructed by Kingsfords) for the claimants.
  Vivian Chapman (instructed by John Collins & Partners) for the defendants.
Judgment Dates: 14 November 2002

Catchwords

Common land - Registration - Town or village green - Unlawful use - Prescriptive right - Statutory construction - s 34(1)(a).

The Case

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.

Practice Areas

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