LRA Easements and Profits A Prendre – Applicants’ application to rectify a mistake – double registration of a very small area of land – First and Third Respondents’ subsequent application to note the benefit and burden of a prescriptive right of way over the Applicants’ property whether title rectified or not – burden of proof in respect of Applicants’ application discussed – effect of Barkas considered in relation to the prescriptive easement claim – main issue in relation to easement was the question of implied permission – decision proceeds on basis that some over act is required to indicate implied permission
[2014] EWLandRA 2012 – 0536
Bailii
England and Wales
Updated: 22 October 2021; Ref: scu.550831 br>