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Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004

Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal offence under section 193 of the Law of Property Act … Continue reading Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004

Bakewell Management Ltd v Brandwood and Others: ChD 21 Mar 2002

The claimant sought a declaration that he had acquired an easement over land by driving over it, over several years. The land owner denied the easement, saying that section 193 made the claimant’s activity a crime, and that, following Hanning, criminal activity could not be used to found a claim of adverse possession. The claimant … Continue reading Bakewell Management Ltd v Brandwood and Others: ChD 21 Mar 2002