Licence to pass and repass — Council building estate on land adjacent to plaintiffs’ farmhouse and land — Plaintiffs reaching agreement with council’s surveyor for right of way — Council building bollards so as to prevent traffic — Plaintiffs’ contention for irrevocable contractual licence upheld at first instance — Council’s appeal allowed
The appellants are the local authority for the Cynon Valley area, Mid Glamorgan, while the respondents (E and his family) owned a farmhouse and land at Cwmbach, near Aberdare, within the council’s area. E’s farmhouse was at the end of a terrace of dwellings and was known as 1 a Rose Row, Cwmbach. It was built under a lease of 1893, granted by Lord Aberdare to E’s great grandfather. The freehold of that land was sold to E in 1963. In the late 1960s, Aberdare District Council, the predecessor of the appellants, built council dwellings in the vicinity of Rose Row, known as Rose Row Estate, upon land partly owned by Lord Aberdare and partly owned by E. E’s access to part of the farm land was limited and he took to using a route through a gap in the hedge opposite 3 Rose Row. That solution was reached in agreement with the surveyor to Aberdare District Council. In 1987 the present council erected bollards at a point opposite 4 Rose Row, which prevented vehicular access although not access by cattle. E successfully contended at first instance that: (1) he was the freehold owner of the land on which the bollards had been constructed; and (2) he had an irrevocable contractual licence from the council to pass and repass over the strip of land. The council appealed.
Held The appeal was allowed.
1. That part of the land under dispute had never been conveyed to the respondents but was owned by the council.
2. The surveyor had no authority to grant any licence on the council’s behalf but had reached only a temporary arrangement until another solution could be found.
3. The council had the right to construct the bollards on their own land.
Vernon Pugh QC (instructed by George & D’Ambra, of Aberdare, agents for the solicitor to Cynon Valley Borough Council) appeared for the appellant council; and Philip Davies (instructed by Edward Lewis & Co, of Cardiff) appeared for the respondents.
