Introduction
Introduction
The issue in this appeal is whether Mr Sagier, the owner of a house on a private road, has acquired a right of way on foot over part of the road belonging to one of his neighbours, Mrs Kaur.
The appeal is against a decision of the First-tier Tribunal, Property Chamber (the FTT) published on 16 July 2023 and an order of the same date directing the Chief Land Registrar to cancel an application by Mr Sagier for registration of a private right of way over part of Mrs Kaur’s land at 60 Victoria Park Road, Smethwick (registered title number WM703126) for the benefit of Mr Sagier’s land at 39 Pool Road, Smethwick (title number WM701127).
At the hearing of the appeal, for which permission was given by the FTT, Mr Sagier, the appellant, was represented by Mr Michael Buckpitt and Mrs Kaur, the respondent, was represented by Ms Anya Newman. I am grateful to them both for their submissions.
- Heading
- Introduction
- The facts
- The proceedings
- Relevant legal principles
- Inference of a lost modern grant
- Prescription Act 1832
- The burden of proof
- The FTT’s decision
- The grounds of appeal
- Issue 1: Was the Judge wrong to dismiss the claim under the Prescription Act 1832 ?
- Issue 2: Did the single oral protest make any difference?
- Issue 3: Did the display of signs prevent the acquisition of prescriptive rights?
- Conclusions
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