London Tara Hotel Ltd v Kensington Close Hotel Ltd [2011] EWCA Civ 1356 (22 November 2011)

London Tara Hotel Ltd v Kensington Close Hotel Ltd [2011] EWCA Civ 1356 (22 November 2011)

The use of the roadway by KCH and its predecessors after the expiry of the personal licence in 1980 was open, without force, and without permission, satisfying the tripartite test for prescription. No fresh licence was implied or granted. Therefore, a prescriptive right of way was acquired, extending to all vehicles used for hotel purposes, including coaches and construction vehicles.

Citation
[2011] EWCA Civ 1356
Parties
Appellant Claimant: London Tara Hotel Limited; Respondent Defendant: Kensington Close Hotel Limited
Jurisdiction
England and Wales
Judgment Date
22 November 2011
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Prescription, Right of Way, Lost Modern Grant, Implied Licence
Property Law Easements Prescription Right of Way Lost Modern Grant Implied Licence

Case Brief

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Parties

London Tara Hotel Limited

Appellant Claimant

Kensington Close Hotel Limited

Respondent Defendant

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether a right of way by prescription was acquired over a private roadway after expiry of a personal licence
  2. 2 Whether use of the roadway was 'as of right' (nec vi, nec clam, nec precario)
  3. 3 Whether the right of way extends to coaches and construction vehicles

Ratio Decidendi

The use of the roadway by KCH and its predecessors after the expiry of the personal licence in 1980 was open, without force, and without permission, satisfying the tripartite test for prescription. No fresh licence was implied or granted. Therefore, a prescriptive right of way was acquired, extending to all vehicles used for hotel purposes, including coaches and construction vehicles.

Court Disposition

Appeal dismissed

Orders

  • KCH retains a prescriptive right of way over the roadway for all vehicles, including coaches and construction vehicles