header-logo header-logo

Easy does it?

20 April 2012 / Christopher Warenius
Issue: 7510 / Categories: Features , Property
printer mail-detail

Will reform resolve the legal minefield of easements by prescription, asks Christopher Warenius

Most property owners would agree that the law relating to easements by prescription can be a bit of a minefield. It has, as the Law Commission’s consultation paper Making Land Work: Easements, Covenants and Profits a Prendre suggests, “become too complex over decades and even centuries”.

The Court of Appeal’s judgment in London Tara Hotel v Kensington Close Hotel [2011] EWCA Civ 1356, [2011] All ER (D) 180 (Nov) illustrates the difficulties encountered in practice. The consultation paper seeks to overhaul the current law, but would the landowner in Tara be treated any differently?

Facts

In 1973, London Tara Hotel (LTH) granted a licence to Kensington Close Limited, the owner of the Kensington Close Hotel (KCH), providing for rights to use the service road belonging to LTH in consideration of an annual £1 payment, if demanded. In 1980, unknown to LTH, KCH changed ownership but use of the service road continued, even though the licence had been granted to,
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll