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England and Wales decisions
Decisions matching the current search
The Upper Tribunal held that long tolerated parking did not permanently release the covenant, but the landlord had not given reasonable notice to resume strict rights.
Appeal dismissed in a telecoms code dispute over whether rights to install apparatus on a clocktower were premises occupied under the 1954 Act.
The Tribunal held that a 1973 express right of way over registered land had not been abandoned and remained binding as a pre-2002 overriding easement.
Whiston v Leonard & Anor [2026] EWHC 355 (Ch) (20 February 2026)
Appeal over a farm right of way dismissed, with the cross-appeal also dismissed. The court upheld findings on substantial interference, Barn Door access, and costs.
Bewley & Ors v Russell & Anor (Easement - right to park car - prescription - lost modern grant - sufficiency of use - implied permission - whether right capable of existing as easement) [2026] UKFTT 18 (PC) (22 December 2025)
The tribunal held that Mrs Hudson proved a prescriptive easement to park one vehicle anywhere on a parking strip, but the Bewleys failed to prove a similar right.
The tribunal held that Mrs Hudson proved a prescriptive easement to park one vehicle on a defined strip, but the Bewleys failed to prove 20 years’ use.
AJP Homes Ltd v Tate Estates (Lambert House) Ltd [2025] EWHC 2899 (Ch) (06 November 2025)
Appeal over easement construction and contractor trespass dismissed. The court upheld broad rights of way under a 2016 transfer and found no liability for the contractor's trespasses.
Rowlands v Hughes & Ors [2025] EWCC 61 (05 November 2025)
The court held that the claimant, as lawful occupier of farmland, proved a prescriptive right of way over the Triangle and obtained a permanent injunction and £500 general damages.
Irwin & Anor v Sykes & Anor (Easement - right of way - prescription) [2025] UKFTT 1304 (PC) (04 November 2025)
The tribunal barred the respondents from opposing a prescriptive right-of-way application after finding they had agreed not to oppose it, and granted the easement.
The Tribunal barred the respondents from opposing a prescriptive easement application after finding a binding agreement not to oppose. It then granted the right of way.
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