Prescriptive Rights: Visible signs

Farrer & Co | Property Law Journal | February 2017 #348
Andrew Wade reviews the current position on signage and establishing prescriptive rights ‘Signs either prohibiting or permitting use for recreational activities can be used to prevent a successful town and village green application.’In the 2016 case of Winterburn v Bennett, Richards LJ commented that: Most people do not seek confrontation… Most people do not have …

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Case Round-Up: What’s new?

Hogan Lovells | Property Law Journal | February 2012 #283
Paul Tonkin summarises recent case law developments ‘A tenant was not expected to think about or enquire into the landlord’s reasons for serving an otherwise unambiguous notice. In any event, the tenant might reasonably have concluded that the landlord had changed its mind since sending the first letter.’The following provides an overview of some of …

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Case Study: Prescriptive easements and personal consents

Cripps | Property Law Journal | January 2011 #262
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 …

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