20 Nov 2007
TSAN LUK YUK YIN v. THE SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS
- Citation
- TSAN LUK YUK YIN v. THE SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS
- Court
- Lands Tribunal
- Case number
- LDMR3/2005
On the balance of probabilities the plans and photographs show long, open, continuous public and neighbour use of the footpath since ca.1905 such that use was 'apparently as of right'; the dominant tenements are reasonably identified as neighbouring lots (eg Lots 290-292) and the servient owner had actual or constructive knowledge and acquiesced; therefore a prescriptive public right of way existed as at the date of resumption.