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10 June 2016
Issue: 7702 / Categories: Case law , Law digest , In Court
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Easement

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Winterburn and another v Bennett and another [2016] EWCA Civ 482, [2016] All ER (D) 186 (May)

The Court of Appeal dismissed the appellants’ appeal against a decision of the Upper Tribunal (Tax and Chancery Chamber) that they had failed to establish their claim to parking rights in a car park. The putting up of signs by the respondents stating that the car park was only for use by patrons of a club had been sufficient to establish their right. There was no requirement for an owner to be prepared to back his objection either by physical obstruction or by legal action. The owner was not required to do everything, proportionately to the user, to contest and to endeavour to interrupt the user.

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