Webb, Perks v Walsall Metropolitan Borough Council: LRA 5 May 2011

LRA Easements and Profits A Prendre – Applicants held to have acquired a right of way by lost modern grant and under the Prescription Act 1832, the user having been acquiesced in at latest from 1984, following the Applicants’ decision to ignore an offer of a limited licence to use the route. Subsequent correspondence from the Respondent in 1986 held not to amount to a licence. The user continued to be acquiesced in until December 2009 notwithstanding letters from the Respondent from the end of 2005 claiming that there was no right to use the route but without demanding that such user should cease.
Claims by the Respondent that any right of way had been abandoned, that the Applicants were estopped from relying on any such right and that the rules as to prescriptive easements infringed Article 1 of Protocol 1 of the European Convention on Human Rights rejected
Mark DA
[2011] EWLandRA 2010 – 0892
Bailii
England and Wales

Updated: 21 April 2021; Ref: scu.465861