[2024] UKUT 00153 (LC)

Case No: LC-2023-684

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

FTT REF: 2022/0118

14^th June 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

Land Registration – Easements – claim to the acquisition of a right of way by prescription – what is required to prevent the use relied upon being use as of right – appeal against decision of the First-tier Tribunal that the wording of a sign erected on the servient land had been insufficient to prevent the use being as of right – cross appeal against the decision of First-tier Tribunal that the sign could have been read by anyone making their way over the servient land – decision that the First-tier Tribunal had been entitled, on the evidence, to find that the sign could have been read by anyone making their way over the servient land – cross appeal dismissed – decision that the First-tier Tribunal had been wrong to decide that the wording of the sign had been insufficient to prevent the use being as of right – appeal allowed and decision of the First-tier Tribunal re-made as a decision that the Respondents were not entitled to a right of way over the servient land on the basis of prescription

BETWEEN:

ADAM THOMAS NICHOLSON (1)

GAVIN STAFFORD (2)

Appellants

-and-

IAN REGINALD HALE (1)

JACQUELINE HALE (2)

Respondents

4 Derby Terrace,

The Park,

Nottingham,

NG7 1ND

The Chamber President, Mr Justice Edwin Johnson

14^th May 2024

Paul Wilmshurst, instructed by direct access, for the Appellants

The First Respondent (Ian Hale), in person, for the Respondents

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

Edwards v Bairstow [1956] AC 14

R (Oxfordshire & Buckinghamshire Mental Health NHS Foundation Trust and Oxford Radcliffe Hospitals NHS Trust) v Oxfordshire County Council [2010] EWHC 530 (Admin)

R v Oxfordshire County Council ex parte Sunningwell Parish Council [2000] 1 AC 335

Winterburn v Bennett [2016] EWCA Civ 482 [2017] 1 WLR 646

R (Lewis) v Redcar and Cleveland Borough Council [2008] EWHC 1813 (Admin)

Oxfordshire County Council v Oxford City Council [2004] EWHC 12 (Ch) [2004] Ch 253

Taylor v Betterment Properties (Weymouth) Ltd v Dorset CC [2012] EWCA Civ 250 [2012] 2 P&CR 3

Betterment Properties (Weymouth) Ltd v Dorset CC [2010] EWHC 3045 (Ch)

Southwark London Borough Council v Transport for London [2018] UKSC 63 [2020] AC 914

R (Barkas) v North Yorkshire County Council [2014] UKSC 31 [2015] AC 195

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council [2015] UKSC 7 [2015] AC 1547

R (Beresford) v Sunderland City Council [2003] UKHL 60 [2004] 1 AC 889