Orme v Lyons

Orme v Lyons

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, especially given the physical nature of the track and its history of use. The appeal is dismissed as the Adjudicator's application of the law to the facts was justified.

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

Case Brief

Summary, issues, holding and outcome

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Parties

Orme

Claimant/respondent

Lyons

Defendant/appellant

Procedural Posture

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

Legal Issues

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

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, especially given the physical nature of the track and its history of use. The appeal is dismissed as the Adjudicator's application of the law to the facts was justified.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; the decision of the Adjudicator stands