LRA Prescriptive easement to use open space as a communal garden established on the facts and found to be an overriding interest. Nature of requisite user for such an easement considered. Caution effective although registered to protect a similar right under a lease which was accepted at the hearing as being void under the law against perpetuities.
Cases referred to: Dunn v Blackdown Properties, [1961] Ch 33; Re Ellenborough Park, [1956] Ch 131; Jackson v Mulvaney, [2003] 1 WLR 360; Bridle v Ruby, [1989] 1 QB 169.
Citations:
[2010] EWLandRA 2008 – 1105
Links:
Jurisdiction:
England and Wales
Registered Land
Updated: 10 November 2022; Ref: scu.467672
