LRA Claims to prescriptive rights of way along the edge of a field where the owners of adjoining properties had made gates onto the field without objection is established except in the case of one Applicant who was aware that the owner of the servient land objected to her use of the route in question.
During period that land was let to tenants the registered proprietor held on the facts to have become aware of the use of the route and been in a position to take steps to prevent it.
In all the circumstances, occasional ploughing and harrowing of the field to the edge, and once or twice deepening a ditch and temporarily extending it across the path held not to be enough to make user by force or to constitute clear objection to the use of the route.
Michael Mark
[2012] EWLandRA 2011 – 0766
Bailii
England and Wales
Updated: 20 October 2021; Ref: scu.472568
