Gumbs v. Attorney General of Anguilla (Anguilla)

Gumbs v. Attorney General of Anguilla (Anguilla) [2009] UKPC 27 (07 July 2009)

Privy Council Appeal No 35 of 2008

John A. Gumbs Appellant

v.

Attorney General of Anguilla Respondent

FROM

THE EASTERN CARIBBEAN SUPREME COURT

(ANGUILLA)

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JUDGMENT OF THE LORDS OF THE JUDICIAL

COMMITTEE OF THE PRIVY COUNCIL

Delivered the 7^th July 2009

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Present at the hearing:-

Lord Scott of Foscote

Lord Rodger of Earlsferry

Baroness Hale of Richmond

Lord Neuberger of Abbotsbury

Sir Jonathan Parker

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[Delivered by Lord Neuberger of Abbotsbury]

The issue on this appeal is whether there is a public right of way, and, if there is, the extent of that way, over a parcel of land at Little Bay, Anguilla. The land in question ("the Property") is registered at the Anguilla Land Registry ("the Registry") in the name of the appellant, John Gumbs.

The relevant facts are now uncontroversial following the judgment at first instance of George-Creque J, given on 17 June 2005 after a hearing at which a number of witnesses gave evidence much of it relating to the existence and use of the way in question over the years.

The Property had originally been acquired by the appellant's grandfather. For many years, there had been a footpath, whose width was around three feet, running just within the north eastern boundary of the Property. This footpath ("the path") appears to have been a link between two wider tracks. Having heard much evidence on the issue, the Judge was satisfied that, by 1973, as a result of more than twenty years of uninterrupted public use, it could and should be presumed that the path had been dedicated as a public right of way.

During 1974 and 1975, a comprehensive Cadastral Survey of the island of Anguilla was carried out, pursuant to the Land Adjudication Ordinance1974 ("the 1974 Ordinance"). The purpose of this Survey, at least in general, was to provide a definitive adjudication of rights and interests in all land in Anguilla as at the date of the Survey.

The Demarcation Officer, who carried out the inspection of the Property and the surrounding area for the purpose of the Survey, saw the path. However, the definitive map, drawn up some time in 1975 in accordance with the 1974 Ordinance, showed no path on the north east boundary of the Property, although it did show the two tracks which it linked. In June 1975, in accordance with the conclusions of the Survey, the Property was registered in the Registry pursuant to the Registered Land Ordinance 1974 (now re-enacted with amendments as the Registered Land Act 2000). This registration recorded "the heirs of" the appellant's grandfather as the proprietor, and no reference to any path…

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