Ely & Anor v Simmons & Anor [2012] EWCA Civ 652 (02 May 2012)

Ely & Anor v Simmons & Anor [2012] EWCA Civ 652 (02 May 2012)

The appellants failed to prove continuous vehicular use of the disputed strip for the requisite 20-year period; evidence showed only occasional use during a critical period, defeating the claim to a prescriptive easement.

Citation
[2012] EWCA Civ 652
Parties
Respondents: ELY & ANR; Appellants: SIMMONS & ANR
Jurisdiction
England and Wales
Judgment Date
02 May 2012
Procedural Posture
Civil Appeal / Permission to Appeal Application
Outcome
Permission to appeal refused
Legal Topics
Easements, Right of Way, Prescription, Boundary Disputes
Property Law Civil Procedure Easements Right of Way Prescription Boundary Disputes

Case Brief

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Parties

ELY & ANR

Respondents

SIMMONS & ANR

Appellants

Procedural Posture

Civil Appeal / Permission to Appeal Application

Legal Issues

  1. 1 Whether a binding agreement was made regarding the boundary between the properties
  2. 2 Whether the appellants established a right of way by prescription over the disputed strip

Ratio Decidendi

The appellants failed to prove continuous vehicular use of the disputed strip for the requisite 20-year period; evidence showed only occasional use during a critical period, defeating the claim to a prescriptive easement.

Court Disposition

Permission to appeal refused

Orders

  • Application refused