Prescriptive rights of way - Revision history

Editor at 17:03, 29 October 2021

2021-10-29T17:03:50Z

← Older revision		Revision as of 17:03, 29 October 2021
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	--[[User:Rex_Cowell_Solicitors\|Rex Cowell Solicitors]]		--[[User:Rex_Cowell_Solicitors\|Rex Cowell Solicitors]]

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Bridleway.		* Bridleway.
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	* Countryside and Rights of Way Act 2000.		* Countryside and Rights of Way Act 2000.
	* Curtilage.		* Curtilage.
		+	* Neighbour dispute.
	* Neighbour trouble.		* Neighbour trouble.
	* Permissive path.		* Permissive path.

Designing Buildings at 07:39, 13 January 2021

2021-01-13T07:39:24Z

← Older revision		Revision as of 07:39, 13 January 2021
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	* Trespass.		* Trespass.

−	[[Category:~~Case_law~~]] [[Category:~~DCN_Case_Law~~]] [[Category:Planning_permission]]	+	[[Category:DCN_Case_Law]] [[Category:DCN_Commentary]] [[Category:DCN_Guidance]] [[Category:Case_law]] [[Category:Planning_permission]]

Designing Buildings at 12:19, 9 January 2019

2019-01-09T12:19:48Z

← Older revision		Revision as of 12:19, 9 January 2019
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	--[[User:Rex_Cowell_Solicitors\|Rex Cowell Solicitors]]		--[[User:Rex_Cowell_Solicitors\|Rex Cowell Solicitors]]

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Bridleway.		* Bridleway.
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	* Curtilage.		* Curtilage.
	* Neighbour trouble.		* Neighbour trouble.
		+	* Permissive path.
	* Property rights.		* Property rights.
	* Quiet enjoyment.		* Quiet enjoyment.
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	* Trespass.		* Trespass.

−	[[Category:Case_law]] [[Category:Planning_permission]]	+	[[Category:Case_law]] [[Category:DCN_Case_Law]] [[Category:Planning_permission]]

Editor at 15:56, 6 June 2018

2018-06-06T15:56:40Z

← Older revision		Revision as of 15:56, 6 June 2018
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	* Common land.		* Common land.
	* Commons Act 2006.		* Commons Act 2006.
		+	* Countryside and Rights of Way Act 2000.
	* Curtilage.		* Curtilage.
	* Neighbour trouble.		* Neighbour trouble.

Editor: Created page with "Rights of way across the land of others can become established if they have been used openly and without force for at least 20 years. However, such use must also be without permi..."

2017-08-30T22:09:13Z

Created page with "Rights of way across the land of others can become established if they have been used openly and without force for at least 20 years. However, such use must also be without permi..."

New page

Rights of way across the land of others can become established if they have been used openly and without force for at least 20 years. However, such use must also be without permission and, as one case showed, that can often prove a sticking point.

In the case of Welford & Ors v Graham & Anr. [2017], the owners of land on which a workshop stood claimed a vehicular right of way over an adjoining yard. The First-tier Tribunal (FTT) found that the yard had been used as a means of vehicular access to the workshop for the required 20-year period.

However, in refusing to recognise a right of way, the FTT noted that the workshop owners had only succeeded in proving that the relevant use of the yard had been without the permission of its owners for 10 years. It had therefore not been established that the use had been as of right for two decades or more.

In upholding the workshop owners’ appeal against that decision, however, the Upper Tribunal (UT) found that the FTT had misapplied the burden of proof. Having established that the yard had been used as an access route openly and without interruption for the required period, the workshop owners had the benefit of an evidential presumption that that use had been without permission and as of right.

The yard owners had not called any evidence to rebut that presumption and the workshop owners had thus discharged the burden of showing relevant use, as of right, for a sufficient period. In the circumstances, the UT directed that the right of way be registered as an established burden on the yard owners’ land.

--[[User:Rex_Cowell_Solicitors|Rex Cowell Solicitors]]

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Bridleway.
* Common land.
* Commons Act 2006.
* Curtilage.
* Neighbour trouble.
* Property rights.
* Quiet enjoyment.
* Resorting to self-help in boundary dispute.
* Right of way.
* Trespass.

[[Category:Case_law]] [[Category:Planning_permission]]