An original use of land for agricultural purposes does not accommodate a use of a supporting right of way to support use of dominant land for a caravan park or camping site. Such would be an unjustifiable increase in the burden.
Where the court is asked to infer an immemorial user from evidence going back as far as living memory can run, the court can act on evidence of user whether it is continuous or discontinuous.
Judges:
Harman J
Citations:
(1875) 10 Ch App 1023
Jurisdiction:
England and Wales
Cited by:
Cited – Lynn Shellfish Ltd and Others v Loose and Another SC 13-Apr-2016
The court was asked as to the extent of an exclusive prescriptive right (ie an exclusive right obtained through a long period of use) to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 16 May 2022; Ref: scu.606893
