Source: All England Reporter
Publisher Citation: [2002] All ER (D) 335 (Mar)
Neutral Citation: [2002] EWHC 472 (Ch)
Court: Chancery Division
Judge:

Park J

Representation Jonathan Ferris (instructed by Oury Clark, Slough) for the claimant.
  Paul Morgan QC and Janet Bignall (instructed by Berger Oliver) for the defendants.
Judgment Dates: 21 March 2002

Catchwords

Easement - Right of way - Prescription - Vehicular use of right of way illegal under statute - Right of way claimed by prescription - Whether easement acquired by prescription.

The Case

In determining whether or not the use of vehicular access over the common for 20years was a breach of criminal law as a step towards deciding whether or not an easement of vehicular access had been acquired by prescription, the court had to assume that no easement already existed during the 20years when the access was being used. Accordingly, on that basis, the defendants had not acquired an easement for vehicular use across a common by their properties.

Practice Areas

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