London Tara Hotel Ltd v Kensington Close Hotel Ltd

The use of the roadway by KCH and its predecessors after expiry of the personal licence in 1980 was open, without force, and without permission, and continued for over twenty years. There was no fresh or implied licence. The requirements for prescription were satisfied, and a right of way was acquired for all vehicles, including coaches and construction vehicles.

Parties: Appellant/claimant: London Tara Hotel Limited; Respondent/defendant: Kensington Close Hotel Limited
Jurisdiction: England and Wales
Judgment Date: 22 November 2011
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Prescription, Right of Way, Implied Licence, Lost Modern Grant

Property Law Easements Prescription Right of Way Implied Licence Lost Modern Grant

Case Brief

Summary, issues, holding and outcome

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Parties

London Tara Hotel Limited

Appellant/claimant

Kensington Close Hotel Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether a right of way by prescription was acquired over the roadway by Kensington Close Hotel Limited after expiry of a personal licence.
2 Whether use of the roadway was 'as of right' (nec vi, nec clam, nec precario) for the requisite period.
3 Whether a fresh or implied licence arose after change of ownership.

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Tara's appeal is dismissed; KCH has acquired a right of way over the roadway for all vehicles, including coaches and construction vehicles.