Relevant legal principles
Relevant legal principles
In English law rights over land belonging to someone else may be acquired by individuals or by the public in general as a result of long use. In theory there are three ways in which such rights can be acquired, but in practice there are only two.
Common law
In medieval times proof that use had commenced before 1189 was sufficient, but the passage of time made that impossible and no more need be said about it.
- 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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