[2025] UKUT 294 (LC)

However, that was subject to two points, which have come to be called respectively “the Vires Point” and “the Date Point” in this case, and can be described in the following ways, taken from the appellant’s skeleton argument.

The Vires Point is whether it is correct that private rights cannot in general be acquired by prescription against land held by a charity, given that this entails a notional grant that would have been ultra vires the supposed grantor under the Charities Acts.

The Date Point is, if so, whether such rights can nonetheless be acquired by presuming a fictional grant that pre-dates the land’s becoming charity land.

The FTT determined, in favour of the appellant, that private rights cannot in general be acquired by prescription against land held by a charity, given that this entails a notional grant that would have been ultra vires the supposed grantor under the Charities Acts; and, in favour of the respondent, that such rights can nonetheless be acquired by presuming a fictional grant that pre-dates the land’s becoming charity land.

The appellant appeals on the Date Point. If the appellant succeeds on the Date Point, the respondent cross-appeals on the Vires Point.