Judgment in the case Waters versus Evans

This judgment (or adjudication) was that the garage was built on an unadopted highway.and ignored the definitive evidence in 1863-507b in the attached map of 1917, evidence which shows that the 30 perches leased to William Newlands in 1898 were of a large enough area for two houses. The map shows that number 48 had been built about 1897 – 1898, and number 50 was built in 1926. The additional 13.5 perches conveyed to William Newlands in 1926 were obviously additional land, exactly as pointed out in my response. The garage was built on this additional land Therefore the judge or adjudicator ignored key evidence (this map), which was made available to him. The judge agreed that this land was not owned by the Philips Estate, exactly as in my response. The Appeals Court has ruled that an adopted highway cannot be subject to adverse possession. So why should an unadopted highway (Mountain Road) be subject to adverse possession? Indeed, all the sites I have read indicate that no highway of any kind can be subject to adverse possession. Adverse possession was not granted to Ellis Williams (despite all his paper witnesses) but was granted to the Waters, contrary to the Appeals Court ruling that no highway can be taken by adverse possession, and according to the judge himself, the garage was built on a highway. This makes no sense. There were many other problems with this case, and grounds for appeal. For example I was just told that I did not remember what I clearly remember – that Cen Williams was given permission to build the garage by the Newlands Estate. That is not a judgment, it is assertion without proof, and would never be accepted in Baconian science. Another problem is that I was not allowed to use the Welsh language in the hearing. That contravenes human rights legislation, which is now law. Another problem is that my witnesses were all ignored, and I had to prepare the case file for the applicants. They failed to prepare it. In my opinion, adverse possession is legalized theft of land, in this case theft of a highway, and this is the opinion of many lawyers. So I will draft many objections and ask for an appeal or judicial review. In my opinion cases such as this should be dealt with a local, Welsh speaking judge familiar with the laws and customs of Wales. This judgment means that anyone can build a garage in the road, and can take the road by simply locking up the garage. This is not natural justice and not even common sense

cc Trustees Newlands Family Trust.


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