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The Privy Council held that Crown land in St Helena can be acquired by prescription under the Registered Land Ordinance 1980; the appeal was allowed.
The Privy Council held that unclaimed prescriptive rights were extinguished by Saint Lucia’s Torrens land registration scheme if not asserted during adjudication.
The Privy Council held that the appellants failed to prove ownership of river or canal water rights, upheld CWA charges against TKL, and rejected prescription.
Roy Stephen Farrow v (1) Nicholas Dennisson Cole (2) Duncan Boag (Easements and profits a prendre : Prescription, requirements and acquisition) [2018] UKFTT 57 (PC) (11 December 2017)
Application to register a prescriptive right of way over a private road was cancelled because 20 years’ user was not proved.
The Privy Council held that the baronetcy of Pringle of Stichill was imprescriptible, admitted DNA evidence, and advised that Murray Pringle is entitled to succeed.
The Privy Council held that the bank could sue the borrowers personally on the loan, and was not confined to enforcing its hypothecary security.
The Privy Council held that St Lucia Way had been dedicated to public use, so no private easement of way or parking right arose by implication or necessity.
M'Gregor v. Crieff Co-Operative Society Ltd [1915] UKHL 571 (27 April 1915)
The House of Lords held that a cart access over Bell’s Entry had been established by forty years’ prescriptive use, granting interdict as varied.
Kinloch and Another (Kinloch's Trustees) v. Young [1910] UKHL 356 (17 December 1910)
The House of Lords held that a public right-of-way for foot-passengers existed over the disputed road, but not for wheeled traffic.
Earl of Lauderdale v. Scrymgeour-Wedderburn [1910] UKHL 532 (07 April 1910)
The House of Lords held that the Hereditary Standard Bearer of Scotland was an inalienable office held jure sanguinis, and reversed the Court of Session.
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