Jones v Scott [2006] EWHC 2908 (Ch) (17 November 2006)

Jones v Scott [2006] EWHC 2908 (Ch) (17 November 2006)

The claimant failed to prove 20 years' continuous use of the hard standing prior to the commencement of proceedings, as the hard standing did not exist before 1987 due to the presence of a wall. Therefore, no right of way by prescription or presumed lost modern grant was established.

Citation
[2006] EWHC 2908 (Ch)
Parties
Claimant: Howard Rhys Jones; Defendant and Part 20 Claimant: Chris Rosalind Scott
Jurisdiction
England and Wales
Judgment Date
17 November 2006
Procedural Posture
Civil Property Dispute / First Instance Judgment
Outcome
Claim dismissed; defendant granted declaratory relief; defendant's damages claim dismissed; claimant to pay defendant's costs.
Legal Topics
Easements, Right of Way, Prescription, Declaratory Relief, Trespass
Property Law Easements Right of Way Prescription Declaratory Relief Trespass

Case Brief

Summary, issues, holding and outcome

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Parties

Howard Rhys Jones

Claimant

Chris Rosalind Scott

Defendant and Part 20 Claimant

Procedural Posture

Civil Property Dispute / First Instance Judgment

Legal Issues

  1. 1 Whether the claimant and his predecessors acquired a right of way over the defendant's hard standing by prescription or presumed lost modern grant
  2. 2 Whether the claimant and his predecessors physically and actually used the hard standing for the requisite 20-year period
  3. 3 Whether the defendant is entitled to damages for alleged trespass by the claimant

Ratio Decidendi

The claimant failed to prove 20 years' continuous use of the hard standing prior to the commencement of proceedings, as the hard standing did not exist before 1987 due to the presence of a wall. Therefore, no right of way by prescription or presumed lost modern grant was established.

Court Disposition

Claim dismissed; defendant granted declaratory relief; defendant's damages claim dismissed; claimant to pay defendant's costs.

Orders

  • The claimant's claim is dismissed.
  • It is declared that the claimant's property does not have the benefit of any right of way or other right over the defendant's property, including the hard standing.