||All England Reporter
|| All ER (D) 335 (Mar)
|| EWHC 472 (Ch)
||Jonathan Ferris (instructed by Oury Clark, Slough) for the claimant.
||Paul Morgan QC and Janet Bignall (instructed by Berger Oliver) for the defendants.
||21 March 2002
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.
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.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary