||All England Reporter
|| All ER (D) 85 (Jan)
|| EWHC 3109 (Ch)
||Chancery Division, Bristol
||Marie-Claire Bleasdale (instructed by Wilsons, Salisbury) for the claimants.
||Leslie Blohm QC (instructed by Jordans, Cheltenham) for the defendant.
||29 November 2006
Easement - Right of way - Prescription - Lost modern grant - Whether unsolicited granting of permission precluding right of way claimed.
An unsolicited permission to use the track, the subject matter of the proceedings, prevented a right of way arising under the doctrine of lost modern grant.
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