Paul Raymond Bradley v Whatton Developments Ltd.
The applicants' use of the track was continuous, open, and without force or permission for nearly 30 years, and no express or implied permission was given; acquiescence or tolerance did not render the use permissive, thus a prescriptive right of way was acquired.
- Parties
- Applicant: Paul Raymond Bradley; Applicant: Linda Bradley; Respondent: Whatton Developments Ltd.
- Jurisdiction
- England and Wales
- Judgment Date
- 01 December 2025
- Procedural Posture
- Land Registration Reference / Final Decision
- Outcome
- Applicants succeed; prescriptive right of way to be registered.
- Legal Topics
- Easement, Prescription, Right of Way, Acquisition by Long User
Case Brief
Summary, issues, holding and outcome
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Parties
Paul Raymond Bradley
Applicant
Linda Bradley
Applicant
Whatton Developments Ltd.
Respondent
Procedural Posture
Land Registration Reference / Final Decision
Legal Issues
- 1 Whether the applicants acquired a prescriptive right of way over the track by long user as of right
- 2 Whether the applicants' use was open, without force or permission, for a continuous period
- 3 Whether the respondent or previous owners gave express or implied permission for use
Ratio Decidendi
The applicants' use of the track was continuous, open, and without force or permission for nearly 30 years, and no express or implied permission was given; acquiescence or tolerance did not render the use permissive, thus a prescriptive right of way was acquired.
Court Disposition
Applicants succeed; prescriptive right of way to be registered.
Orders
- Chief Land Registrar directed to register a prescriptive right of way in favour of the applicants over the track.
Full Case Text
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