Ely & Anor v Simmons & Anor
The evidence did not establish continuous vehicular use of the disputed strip for the required 20-year period. Occasional use, as evidenced by Miss Jordan, was insufficient to support a prescriptive easement. The burden of proof was not met by Mr and Mrs Simmons.
- Parties
- Appellants: ELY & ANR; Respondents: SIMMONS & ANR
- Jurisdiction
- England and Wales
- Judgment Date
- 02 May 2012
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal
- Outcome
- Application for permission to appeal refused
- Legal Topics
- Easements, Right of Way, Prescription, Boundary Disputes
Case Brief
Summary, issues, holding and outcome
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Parties
ELY & ANR
Appellants
SIMMONS & ANR
Respondents
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Legal Issues
- 1 Whether Mr and Mrs Simmons established a vehicular right of way by prescription over the disputed strip of driveway
- 2 Whether there was a binding agreement about the mutual boundary location
Ratio Decidendi
The evidence did not establish continuous vehicular use of the disputed strip for the required 20-year period. Occasional use, as evidenced by Miss Jordan, was insufficient to support a prescriptive easement. The burden of proof was not met by Mr and Mrs Simmons.
Court Disposition
Application for permission to appeal refused
Orders
- Permission to appeal refused
Full Case Text
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