Orme v Lyons [2012] EWHC 3308 (Ch) (12 October 2012)

Orme v Lyons [2012] EWHC 3308 (Ch) (12 October 2012)

The Adjudicator was entitled to find that the respondents' use of the track, though less frequent than their predecessors, was sufficient in the circumstances to alert a reasonable servient owner to the assertion of a continuous right, thus supporting the presumption of a lost modern grant and justifying registration of the easement.

Citation
[2012] EWHC 3308 (Ch)
Parties
Claimant/respondent: Orme; Defendant/appellant: Lyons
Jurisdiction
England and Wales
Judgment Date
12 October 2012
Procedural Posture
Appeal / Judgment on Appeal From Deputy Adjudicator to HM Land Registry
Outcome
Appeal dismissed
Legal Topics
Easements, Prescriptive Rights, Lost Modern Grant, Land Registration
Property Law Easements Prescriptive Rights Lost Modern Grant Land Registration

Case Brief

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Parties

Orme

Claimant/respondent

Lyons

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Deputy Adjudicator to HM Land Registry

Legal Issues

  1. 1 Whether the respondents have acquired a vehicular right of way over the track by prescription under the doctrine of lost modern grant
  2. 2 Whether the frequency and character of use by the respondents was sufficient to establish a prescriptive easement

Ratio Decidendi

The Adjudicator was entitled to find that the respondents' use of the track, though less frequent than their predecessors, was sufficient in the circumstances to alert a reasonable servient owner to the assertion of a continuous right, thus supporting the presumption of a lost modern grant and justifying registration of the easement.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the Adjudicator's decision to direct registration of the right of way stands.