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Case Study: Prescriptive easements and personal consents
Matthew Cox considers a recent case where a personal license had ended but the use continued. At what point did a prescriptive easement arise? ‘In order to succeed in a claim for a prescriptive easement, the use must not be procured by force, stealth or licence of the owner.’What happens when a personal licence to …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Gaved v Martyn [1865] 19 CB (NS) 732
- London Tara Hotel Ltd v Kensington Close Hotel Ltd [2010] EWHC 2749 (Ch); [2011] EWCA Civ 1356
- R (Beresford) v Sunderland City Council [2003] UKHL 60
- R (Lewis) v Redcar and Cleveland Borough Council [2010] UKSC 11
- R v Oxfordshire County Council & anor Ex Parte Sunningwell Parish Council [1999] 3 WLR 160; [2000] 1 AC 335