Winterburn & anor v Bennett & anor [2016] EWCA Civ 482

Case Round-Up 2016: Learning curve

Ed Socha and Matthew Prendergast set out valuable lessons from key cases in 2016 ‘The purpose of a qualified covenant is to protect the landlord from having their premises undesirably occupied. A landlord is not entitled to refuse consent on grounds unrelated to the landlord and tenant relationship.’ With one eye on the future, the …

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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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Adverse Possession: Verging on the extreme

Laura Cole and Edward Gamble discuss the best way to deal with squatters ‘Land owners should carry out regular inspections of land, particularly in locations such as vacant units, open spaces or dilapidated premises prone to occupation by optimistic occupiers.’ Although we are all familiar with the concept of squatters, a person can only claim …

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Easements: Sign of the times

Lucy McCormick analyses two recent Court of Appeal cases that emphasise the importance of signage on private property ‘Putting up an appropriate sign is an inexpensive (and relatively polite) way to prevent others acquiring rights over land.’In a landmark easement decision, the Court of Appeal has recently given judgment in Winterburn v Bennett [2016]. The …

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