| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 85 (Jan) |
| Neutral Citation: | [2006] EWHC 3109 (Ch) |
| Court: | Chancery Division, Bristol |
| Judge: | Silber J |
| Representation | Marie-Claire Bleasdale (instructed by Wilsons, Salisbury) for the claimants. |
| Leslie Blohm QC (instructed by Jordans, Cheltenham) for the defendant. | |
| Judgment Dates: | 29 November 2006 |
Catchwords
Easement - Right of way - Prescription - Lost modern grant - Whether unsolicited granting of permission precluding right of way claimed.
The Case
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.
Practice Areas
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