Freda Din v Philip Wyn Edwards

Freda Din v Philip Wyn Edwards

Ms Din established over 20 years' continuous, open, and unconsented use of the Track for vehicular and pedestrian access to Bryn Pistyll, with no evidence of consent or licence granted by Mr Edwards or his predecessors, satisfying the requirements for a prescriptive easement.

Parties
Applicant: Freda Din; Respondent: Philip Wyn Edwards
Jurisdiction
England and Wales
Judgment Date
23 September 2025
Procedural Posture
Land Registration Reference / Final Judgment
Outcome
Application allowed; objection dismissed
Legal Topics
Prescriptive Easement, Right of Way, Consent and Licence, Land Ownership
Property Law Land Registration Prescriptive Easement Right of Way Consent and Licence Land Ownership

Case Brief

Summary, issues, holding and outcome

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Parties

Freda Din

Applicant

Philip Wyn Edwards

Respondent

Procedural Posture

Land Registration Reference / Final Judgment

Legal Issues

  1. 1 Whether a prescriptive vehicular and pedestrian right of way exists over the Track for Bryn Pistyll
  2. 2 Whether use of the Track was continuous and without consent for at least 20 years
  3. 3 Whether any licence or consent was granted by the owner of the Track

Ratio Decidendi

Ms Din established over 20 years' continuous, open, and unconsented use of the Track for vehicular and pedestrian access to Bryn Pistyll, with no evidence of consent or licence granted by Mr Edwards or his predecessors, satisfying the requirements for a prescriptive easement.

Court Disposition

Application allowed; objection dismissed

Orders

  • Chief Land Registrar to allow the application and register the right of way
  • Either party may apply for costs within specified timeframes with written submissions