A claim for ownership over a private public road has now been confirmed by the Western High Court in a judgment from 22 February 2024 (BS‑37842/2022‑VLR). The case concerned a carport that had stood for over 20 years, placed by a previous owner on an area where the carport was actually located – and not just into the neighbouring property. The High Court ruled that a claim could be made over the area, and that Section 66 of the Private Roads Act does not prevent such claim between private parties.

The gist of the matter:
The parties, A against B and C, disagreed about the legality of the carport. A wanted the carport removed, citing that it was on A's land. B and C claimed that a claim had been made due to the carport's long presence in the same place. The High Court fully agreed with B and C – the conditions for a claim had been met, and there was no basis in the Private Roads Act to reject a claim for a claim for a claim.

Conclusion:
The judgment of the Western High Court sets a clear legal precedent that an owner can lose ownership of a private public road after prolonged use. The decision emphasizes the importance of timely response when crossing boundaries and the importance of correctly handling disputes over rights of way.