Public Right of Way in UK Law

Leading Cases
  • Fairey v Southampton County Council
    • Court of Appeal
    • 19 Junio 1956

    He ought at least to make it clear to the villagers of Bossington, Houghton and Horsebridge. They were the members of the public most concerned to assert the right, because they were the persons who used the path. It was no good the landowner speaking to a stranger who would know nothing of the public right and would not be concerned to assert it.

    Such evidence may consist, as in the leading case of Poole v. Hutchinson (1843) 11 M. & W. 827) of notices or a barrier: or the common method of closing the way one day a year. That was not done here: but we must assume the landowner turned off strangers in so open and notorious a fashion that it was clear to everyone that he was asserting that the public had no right to use it.

  • R (Godmanchester Town Council) v Environment Secretary; R (Drain) v Environment Secretary
    • House of Lords
    • 20 Junio 2007

    It is however hard to believe that many of the cartways, bridle paths and footpaths in rural areas owe their origin to a conscious act of dedication. Tolerance, good nature, ignorance or inertia on the part of landowners over many years are more likely explanations.

  • Greenhalgh v British Railways Board
    • Court of Appeal (Civil Division)
    • 09 Mayo 1969

    Section 2(6) applies, for instance, to persons who enter a public park, or a policeman who enters on a search warrant, for they enter in the exercise of a right conferred by law and are treated as if they wore invitees or licensees. But Section 2(6) does not apply to persons crossing land by virtue of a public or private way: because they are never "visitors" at all.

  • Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd
    • House of Lords
    • 22 Julio 1993

    There is no principle of law which requires that there be conflict between the interest of users and those of a proprietor. If acquiescence in these circumstances produces such a result encouragement can even more readily be said to have the same consequences.

  • R v Oxfordshire County Council, ex parte Sunningwell Parish Council
    • House of Lords
    • 24 Junio 1999

    The unifying element in these three vitiating circumstances was that each constituted a reason why it would not have been reasonable to expect the owner to resist the exercise of the right–in the first case, because rights should not be acquired by the use of force, in the second, because the owner would not have known of the user and in the third, because he had consented to the user, but for a limited period.

  • Suffolk County Council v Mason
    • House of Lords
    • 29 Marzo 1979

    The law of highways forms one of the most ancient parts of the common law. At common law highways are of three kinds according to the degree of restriction of the public rights of passage over them. A full highway or "cartway" is one over which the public have rights of way (1) on foot, (2) riding on or accompanied by a beast of burden, and (3) with vehicles and cattle.

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Legislation
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Books & Journal Articles
  • Five-foot ways as public and private domain in Singapore and beyond
    • Núm. 10-1, Abril 2018
    • Journal of Property, Planning and Environmental Law
    • 36-55
    Purpose: This paper aims to explore the concept and spread of the five-foot way (5FW) as an aspect of urban design peculiar to Southeast Asia. It locates the 5FW as an aspect of planning law and pr...
    ...... from the elements and for public–private interaction.It finds thatregulation of 5FWs should be undertaken with due regard both to public right of way and to the culturalelementof making private use of the space.Originality/value –The originality of the article lies in the fact that the ......
  • Quarterly Summary
    • Núm. 27-4, Octubre 1963
    • Journal of Criminal Law, The
    ...... 121 of the Highways Act, 1959. The defence was a claim of right, the existence of the obstruction being admitted. The justices ..., since the only question in dispute was the existence of a public right of way in respect of which a bona fide claim of right was ......
  • In the Irish Courts
    • Núm. 15-4, Octubre 1951
    • Journal of Criminal Law, The
    ...... in the District Court of having carried passengers without a public service vehicle licence contrary to s. 93 of the Road Traffic Act, ... his wares in a private street over which there is a public right of way but which is maintained at the expense of the abutting owners ......
  • Prevention of Terrorism (Temporary Provisions) Act 1984
    • Núm. 47-6, Noviembre 1984
    • The Modern Law Review
    ...... mildness does not excuse the Act from the strictest public scrutiny. Consequently, following Earl Jellicoe's 1983 review ... not be stringent enough to prevent breaches of the right to family life under Article 8 of the European Convention; ......
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Law Firm Commentaries
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