An easement by prescription could arise so long as the use in question accommodated the dominant tenement, irrespective of whether the servient owner could have sued the dominant owner for trespass. However, notices visible on a car park were sufficient to prevent any parking easement arising in favour of the dominant owner whose customers and licensees habitually ignored the notices. The notices did not however prevent a right of access being acquired for pedestrian access, as the notices were directed solely towards parking.
Citations:
[2015] UKUT 59 (TCC)
Links:
Jurisdiction:
England and Wales
Land
Updated: 01 February 2022; Ref: scu.542302