Robinson v Arthur (Easements): LRA 5 Jan 2011

LRA Right of way by prescription established on facts under the doctrine of lost modern grant. No absolute rule that non-user for over a year defeats a claim based on 20 years user.
Hollins v Verney (1884) 13 QBD 304, Tehidy Minerals v Norman, [1971] 2 QB 528 and Mills v Silver, [1991] 1 Ch 271 applied.
Question how the expression ‘next before some suit or action’ in s.4 of the Prescription Act 1832 applies in a dispute referred by the Chief Land Registrar to the Adjudicator.
[2011] EWLandRA 2010 – 0239
England and Wales

Updated: 21 April 2021; Ref: scu.465852