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Roland Brandwood and others v Bakewell Management Ltd: CA 30 Jan 2003

House owners had used vehicular access across a common to get to their houses for many years. The commons owner required them to purchase the right, and they replied that they had acquired the right by lost modern grant and/or by prescription. Held: The use of a right of way over a common by vehicles … Continue reading Roland Brandwood and others v Bakewell Management Ltd: CA 30 Jan 2003

Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010

The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010

CGIS City Plaza Shares 1 Ltd and Another v Britel Fund Trustees Ltd: ChD 13 Jun 2012

The claimants asserted a right of light either by prescription or under lost modern grant. The defendants argued that alterations in the windows arrangements meant that any prescription period was restarted. Held: ‘the Defendant is not correct to submit that any significant alteration in a window during the running of the 20 year period, means … Continue reading CGIS City Plaza Shares 1 Ltd and Another v Britel Fund Trustees Ltd: ChD 13 Jun 2012

Russo and Others v Clarke and Another (Easements and Profits A Prendre : Easements of Parking): LRA 3 Feb 2014

LRA Easements of right of way and right to park; Doctrine of Lost Modern Grant, Prescription Act 1832 ss. 2, 4; requirement for a suit or action; deviation of a right of way; section 15(1) of the Limitation Act 1980; permissive use; [2014] EWLandRA 2012 – 0600 Bailii Prescription Act 1832 2 4, Limitation Act … Continue reading Russo and Others v Clarke and Another (Easements and Profits A Prendre : Easements of Parking): LRA 3 Feb 2014

Mounsey v Ismay: 20 Jan 1863

The inhabitants of Carlisle claimed a custom of holding horse races in May over land at Kingsmoor. The landowner’s counsel protested that the fields were arable land.
Held: Martin B: ‘It must be assumed that the custom has existed since the . .

Wright v Williams: 1836

The plaintiff landowner had a copper mine. The water from the mine, which had been contaminated with metallic substances discharged over a neighbour’s land. He sought to establish a right to do so by prescription. The right was claimed over land . .

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Allen and Another v Greenwood and Another: CA 16 Oct 1978

cw Easement – Prescription – Right to light – Greenhouse – Claim for sufficient light to cultivate plants – Whether specially high amount of light – Whether right to extraordinary amount of light capable of being acquired by prescription – Whether right is to light for illumination only or capable of including sun’s warmthThe claimants … Continue reading Allen and Another v Greenwood and Another: CA 16 Oct 1978

Paragon Finance plc v City of London Real Property Co Ltd: ChD 16 Jul 2001

The claimants were underlessees of an office building. The offices had enjoyed a right of light for over a hundred years, and the freehold had acquired an easement of light by lost modern grant. The roadway having been closed, the defendant head landlords intended to build in a way which would interfere with the right. … Continue reading Paragon Finance plc v City of London Real Property Co Ltd: ChD 16 Jul 2001

Marlborough (West End) Ltd v Wilks Head and Eve: ChD 20 Dec 1996

A dispute between neighbours was settled by a deed with the following clause: ‘IT IS HEREBY AGREED AND DECLARED that notwithstanding that the Building Owners have placed windows in that part of their new buildings which overlook the premises occupied by the adjoining owner no right or easement of light or air exists in respect … Continue reading Marlborough (West End) Ltd v Wilks Head and Eve: ChD 20 Dec 1996

William Hill (Southern) Limited v Cabras: CA 1986

The tenant had affixed a sign to the premises with the landlord’s consent. The new landlord said that any licence was revocable. The judge had held that the lease had specifically granted a right to exhibit the signs. Held: The landlord’s appeal was dismissed. The right to maintain the signs was in the demise of … Continue reading William Hill (Southern) Limited v Cabras: CA 1986

Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council: HL 25 Jun 1999

When setting out to establish that a piece of land has become a village green with rights of common, the tests are similar to those used in the law of prescription and adverse possession. Accordingly, there is no need to establish a belief in those using the rights asserted beyond that the use is as … Continue reading Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council: HL 25 Jun 1999

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

Lawrence and Another v Fen Tigers Ltd and Others: QBD 4 Mar 2011

The claimants had complained that motor-cycle and other racing activities on neighbouring lands were a noise nuisance, but the court also considered that agents of the defendants had sought to intimidate the claimants into not pursuing their action. The defendants argued that the properties were in any event noisy because of proximity to RAF Mildenhall. … Continue reading Lawrence and Another v Fen Tigers Ltd and Others: QBD 4 Mar 2011

London Tara Hotel Ltd v Kensington Close Hotel Ltd: ChD 1 Nov 2010

The defendant asserted that it had acquired the right to use a private access road over the claimant’s land. There had been a licence granted under which an earlier owner had been said to have used the land. The defendant claimed under the 1832 Act or by lost modern grant. Held: The earlier cases on … Continue reading London Tara Hotel Ltd v Kensington Close Hotel Ltd: ChD 1 Nov 2010

Polo Woods Foundation v Shelton-Agar and Another: ChD 17 Jun 2009

The court considered whether the claimant had established a profit a prendre against the defendant neighbour’s land in the form of a right of pasturage, acquired either by lost modern grant or by prescription. Held: The appeal succeeded, but the case was remitted for retrial. Four conditions must be complied with for there to be … Continue reading Polo Woods Foundation v Shelton-Agar and Another: ChD 17 Jun 2009

Mills and Another v Silver and others: CA 6 Jul 1990

A farm’s only vehicular access was over land which was only useable occasionally when dry. The defendants laid a stone track to facilitate constant access. At first instance it was held that the earlier use had been too intermittent to allow a prescriptive right, and the use had been by consent. Held: The use was … Continue reading Mills and Another v Silver and others: CA 6 Jul 1990

Colls v Home and Colonial Stores Ltd: HL 2 May 1904

The courts below had concluded that the defendant had infringed the plaintiff’s right to light, and had awarded an injunction. Held: the appeal succeeded. The House set out the requirements for establishing the existence of a right to light. For an obstruction of ancient lights, the obstruction must be substantial, enough to render the occupation … Continue reading Colls v Home and Colonial Stores Ltd: HL 2 May 1904

Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

Housden and Another Housden v Conservators of Wimbledon and Putney Commons (Easements): LRA 21 Aug 2006

LRA EASEMENT – right of way – prescription – Wimbledon and Putney Commons Act 1871 ss. 8 and 35 – Prescription Act 1832, ss. 2 and 3 – true construction of the word ‘dispose’ – definition of ‘the commons’ – whether the Respondents are capable grantors – doctrine of Lost Modern Grant. [2006] EWLandRA 2005 … Continue reading Housden and Another Housden v Conservators of Wimbledon and Putney Commons (Easements): LRA 21 Aug 2006

Attorney-General (ex relatione Yorkshire Derwent Trust Ltd) v Brotherton: HL 5 Dec 1991

The appellants owned land through which flowed the river Derwent. Attempts were to be made to restore the river to navigability. The appellants denied that any public rights existed over the river. Held: The 1932 Act could only give rise to a right of way over a feature of the land; this could not include … Continue reading Attorney-General (ex relatione Yorkshire Derwent Trust Ltd) v Brotherton: HL 5 Dec 1991

Barton v The Church Commissioners for England: ChD 15 Dec 2008

The commissioners claimed a right by prescription to all fish to be taken in a stretch of the River Wye. The claimant was to moor a barge on the river. Held: The court explained the nature and legal status of fisheries in the law going back to 1193. In this case, the Commissioners had established, … Continue reading Barton v The Church Commissioners for England: ChD 15 Dec 2008

Coventry and Others v Lawrence and Another: SC 26 Feb 2014

C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance. Held: The neighbour’s appeal succeeded. C, but not the freeholder were liable in nuisance. In the … Continue reading Coventry and Others v Lawrence and Another: SC 26 Feb 2014

Housden and Another v The Conservators of Wimbledon and Putney Commons: CA 18 Mar 2008

The claimants sought to register a right of way over the common by virtue of use over forty years. The defendants denied that they were able to grant an easement inder the 1871 Act, and that therefore no claim could be laid under prescription. Held: Though the 1871 Act contained a wide provision against alienation, … Continue reading Housden and Another v The Conservators of Wimbledon and Putney Commons: CA 18 Mar 2008

Sisters of the Sacred Heart of Mary Ltd and others v Royal Borough of Kingston Upon Thames: ChD 14 Mar 2008

The defendant proposed an unmanned barrier across a private right of way. Many residents agreed, but the claimants did not. They operated schools requiring access and said that the gates would substantially interfere with their right of way. The council said that it had the required power under the 1933 Act. There had previously been … Continue reading Sisters of the Sacred Heart of Mary Ltd and others v Royal Borough of Kingston Upon Thames: ChD 14 Mar 2008