Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Attorney-General v Antrobus

303 words (1 pages) Case Summary

17th Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Attorney-General v Antrobus [1905] 2 Ch 188, ChD

The ability of the public to acquire a public right of way over land acquired through long user


The case concerned Stonehenge and the public’s right of access to it. The site’s owner had taken steps to protect the monument by enclosing it with fencing. While well intentioned, this had the effect of preventing the public from accessing the monument. The Attorney-General started the action in order to compel the owner to remove the fencing around Stonehenge, with the aim of allowing the public to access site once again.


The issue in the case was whether the public had acquired a long user in the land leading up to the monument, which could be a public right of way, through the years of accessing the monument before it was fenced off.


The court held that there was no public right of access in this case. It was not possible in law to establish such a right of access through historic user and in this case too, the public’s historic user did not contribute to establish such a right. The public’s habit of visiting a monument cannot, without more, establish a public right of way over the route to that monument.

“Now the cases establish that a public path is prima facie a road that leads from one public place to another public place-or as Holmes LJ suggests in the Giant’s Causeway case there cannot prima facie be a right for the public to go to a place where the public have no right to be. But the existence of a terminus ad quem is not essential to the legal existence of a public road. -But in no case has mere user by the public without more been held sufficient” (Farewel J)

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles