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 – 0236
Prescription Act 1832 8 35
Cited by:
See AlsoHousden 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.
Registered Land

Updated: 10 November 2021; Ref: scu.429547