[2024] UKUT 00153 (LC)

Fecha: 01-Ene-2024

Conclusions

The outcome of the Appeal and the Cross Appeal

161.

For the reasons set out in this decision the outcome of the Appeal and the Cross Appeal is as follows:

(1)

The Appeal is allowed, on the basis of Ground 1.

(2)

The Decision falls to be set aside and to be re-made as a decision that the claim to the Right of Way fails because the Use was not as of right for the required period of 20 years.

(3)

The Order also falls to be set aside.

(4)

The Cross Appeal is dismissed.

(5)

I will make an order giving effect to (1) to (4) above, and giving such direction to the Chief Land Registrar as may be required to ensure the cancellation of the Application.

The Chamber President

Mr Justice Edwin Johnson

14^th June 2024

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.