London Tara Hotel Ltd v Kensington Close Hotel Ltd [2010] EWHC 2749 (Ch); [2011] EWCA Civ 1356

Prescriptive Rights: Visible signs

Andrew Wade reviews the current position on signage and establishing prescriptive rights ‘Signs either prohibiting or permitting use for recreational activities can be used to prevent a successful town and village green application.’In the 2016 case of Winterburn v Bennett, Richards LJ commented that: Most people do not seek confrontation… Most people do not have …

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Easements: Acquisition by prescription

James Atkins provides a review of the current law ‘There are no less than three methods by which an easement may be acquired: through long use for the benefit of dominant land at common law, by the doctrine of lost modern grant, and under the Prescription Act 1832.’ In its report of 7 June 2011 …

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Case Round-Up: What’s new?

Paul Tonkin summarises recent case law developments ‘A tenant was not expected to think about or enquire into the landlord’s reasons for serving an otherwise unambiguous notice. In any event, the tenant might reasonably have concluded that the landlord had changed its mind since sending the first letter.’The following provides an overview of some of …

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Case Study: Prescriptive easements and personal consents

Matthew Cox considers a recent case where a personal license had ended but the use continued. At what point did a prescriptive easement arise? ‘In order to succeed in a claim for a prescriptive easement, the use must not be procured by force, stealth or licence of the owner.’What happens when a personal licence to …

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